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PROCEDURE 



^tannariesE of Comtoan antr Sebom 



PROCEDURE 

IN THE COURT OF THK 

Witt WBax^tn of t^t Stannaries. 



NEW ORDERS, RULES, AND FORMS, 

WITH AN 

APPENDIX OF STATUTES, 

AND 

AN INTBODUCTORT NOTICE ON THE 

JURISDICTION OF THE COURT IN RELATION TO MINING 

COMPANIES. 



2p atitftontp* 




LONDON . 
H. SWEET, 3, CHANCERY LANE, FLEET STREET. 
STEVENS & NORTON, 2(5. BELL YARD, lA«CO\.^'S \^^. 

1850. 




LOVDOV : 
KAVWKE AND BODORII, PRINTKRM, 

JOj>, Prtt«r l^ane. Fleet Street. 



INTRODUCTORY NOTICE. 



The extended jurisdiction and enlarged powers 
conceded to the Court of the Vice Warden by the 
recent Act of Pariiament (18 Vict. ch. 32.) have 
made it expedient that the Rules and Orders of the 
Court should undergo revision ; and this measure 
has become the more desirable because in the in- 
terval of twenty years which have elapsed since 
the Court was put on its present footing very im- 
portant improvements have been introduced into 
the procedure of the superior Courts, some of which 
can be usefully engrafted on the practice of a 
Court of hmited jurisdiction. 

Another consideration has also prompted the 
publication of the following Rules and Orders. 
Upon the reform of the Stannary jurisdiction in 
1836, the common law courts had fallen into 
practical desuetude, and the equitable jurisdiction 
had been assailed by heavy litigation, in the course 
of which its existence had been called in question. 
b 



VI INTRODUCTORY NOTICE. 

The existence of such a Court of Equity was indeed 
affirmed by the Act of 6 & 7 Wm. 4. c. 106; but that 
act did very little towards ascertaining either the 
nature or limits of its operation; and the first 
officers of the new Court had to mould and to 
work out a practice with very scanty materials for 
their guidance and many vicigus precedents on the 
files of the Court, which could not safely be 
adopted. 

It is not surprising therefore, that, in a state of 
things where every step taken was experimental, 
the Court and its professional assistants started 
with a remarkably slender and imperfect stock of 
written rules of procedure. The modem practice 
of the Court has, in fact, chiefly grown out of the 
decisions of the late Vice Warden during seventeen 
years of his official life, and became known only to 
those gentlemen who habitually practised in the 
town to which his sittings were confined. 

The extension of the Court into Devonshire, and 
the provision for its ultimate sittings in that county, 
have made it evidently proper that the course and 
practice of the Court should become better and 
more widely known. It is felt that means should 
be afforded to the suitors and their legal advisers 
to make themselves fiilly acquainted with the 
remedial functions of the Court ; with its specific 
action on the mining interests; and with the forms 



INTRODUCTORY NOTICE. Vll 

of procedure usually adopted in it for the eflScacious 
application of those remedies. 

It would be unjust to the memory of the very 
able and learned predecessor of the present Vice 
Warden to withhold from him the great merit of 
having educed from materials so scanty a system 
which, especially on the equity side, rendered for 
many years valuable assistance both to the adven- 
turers and the merchants of Cornwall. The fol- 
lowing Rules and Orders may be regarded as a 
further developement of the practice as established 
by him. 

If that system laboured under some imperfec- 
tion, — if the powers of the Court were daily becom- 
ing less effective because the circle of adventurers 
was daily spreading beyond the narrow limits of 
the district for which the Court was created, and 
beyond which its compulsory process did not 
extend, — the imperfection was one to which the 
late Vice Warden was no willing party. The suitors 
owe it to the good will, and active support of His 
Royal Highness the Lord Warden and of the 
Council of the Prince that such defects have been 
now amended, and a degree of efficiency conferred 
by the legislature on the process of Court which must 
tend to enlarge the sphere of its useful operation. 

With respect to the jurisdiction as established 
under the Act 6 & 7 Wm. 4. c. 106., some observa- 
b 2 



VIU INTRODUCTORY NOTICE. 

tions on it will not be misplaced by way of intro- 
duction to the following Rules and Orders. 

The provisions of that Act, on which the powers 
of the Court now mainly depend, are the 4th, 6th, 
7th and 41st sections. The effect of these clauses 
will be found to be substantially as follows : — 

The original equitable jurisdiction, lawfully exer- 
cised by the Vice Warden before that Act, is thereby 
vested in the Vice Warden appointed under it, who 
is to have the same equity ^'jurisdiction and autho- 
rity^' '^ so far as relates" to working metallic mines 
and searching for and smelting the ores as if the 
same had related to tin mines or tin. 

The common law jurisdiction of the Steward's 
Courts, as theretofore lawfully exercised, is vested 
in the Vice Warden, who is to have the same juris- 
diction and authority in all matters ''in any way 
connected with'' the working of metallic mines and 
searching for, smelting, &c., as if the same had 
been connected with, or related to, tin mines or 
tin. 

There are further general provisions for vesting 
in the Vice Warden all powers before lawfully 
exercised by former Vice Wardens or stewards, 
and a general saving (section 43) of all statutes, 
liberties, customs, rights, &c., not inconsistent with 
the law of the land or with that Act. 

Hence the fundamental authority of the Court 



INTRODUCTORY NOTICE, IX 

can only be ascertained by reference to the an- 
tecedent legal powers of the Vice Warden and 
stewards of the Stannaries at a time when the 
franchises were confined to tinners and tin works. 

It is clear that the Common Law jurisdiction was 
founded on immemorial user, declared and confirmed 
by certain charters of the 13th and 14th centuries. 
The most important of these is the charter of 33 
Edward 1.* 

It is well known that the language of this charter 
has been the subject of frequent explanatory expo- 
sitions^ parliamentary, judicial, and extrajudicial. 
Of these, the most important are to be found 
recorded in Lord C. J. Coke's4th Institute (p. 231), 
in a resolution of the judges, extrajudicially con- 
sulted (as was then common) by the Crown in the 
reign of Charles lst,t and in the public statute 
16 Car. 1. c. 15. 

By the aid of these authorities, confirmed by 
the uniform practice of the Stannaries, and of 
the Court which, for the last twenty years, has 
succeeded to the ancient common law jurisdic- 
tion there, and substituting all metallic mines 

• See a copy of it in Appendix to Vice v. Thomas^ p. 14. 

f Appendix to Vice v. Thomas^ pp. 35, 36. The Resolu- 
tions in 7 Car. 1., have been preferred to those of 3 Car. 1., 
as being later in point of time. Half of the subscribing par- 
ties to both are the same persons, although the resolutions 
are not easily to be reconciled. 



X INTRODUCTORY NOTICE. 

and minerals in the place of tin and tin mines, it 
is believed that the following wiU be found to be a 
correct description of the present jurisdiction of 
the Court : — 

The Court has jurisdiction and cognizance on 
the common law side thereof in, over, and of, 
all personal actions in which one or both parties 
are miners under the following circumstances 
and conditions, that is to say, — 

1. Where the plaintiff, being a miner, sues a 
person, not a miner, for any cause of action arising 
within the Stannaries, or touching mines of metal- 
lic minerals within the Stannaries, or adventurers 
in such mines ; 

2. Where the plaintiff, not being a miner, 
sues a miner for any such cause of action above 
described ; 

3. Where a miner sues another miner for any 
transitory cause of action, whether arising within 
or out of the Stannaries, and whether it relates to 
such mines and adventures or not. 

In all the above cases the Court can only effec- 
tually exercise jurisdiction when the defendant can 
be served with process within its territorial limits, 
that is, within the Stannaries of Cornwall or Devon. 

The above definition is confined to personal 
actions. That of ejectment is now entertained by 



INTRODUCTORY NOTICE. XI 

authority of Act 18 Vict. c. 82. s. 15., in which it 
does not appear that either plaintiff or defendant 
need be, or be alleged to be, a miner; but the 
subject-matter of the action must necessarily relate 
to mines. 

The exclusion of all questions touching the 
freehold from the cognizance of the Court is 
implied in the charter referred to, and will be 
again noticed hereafter. 

The common law jurisdiction is still inadequately 
defined without adding some explanation of the 
meaning of the word " miner'^ in the charters. 
This too has been the subject of much discussion, 
of which traces are to be found in the roUs of 
Parliament, in the bylaws or declaratory present- 
ments of the Stannary convocations, in the extraju- 
dicial resolutions already referred to, and in some 
judicial decisions or dicta in the printed reports. 

It seems that some, at least, of the privileges 
granted to tinners by the Crown were considered 
to belong to them only in the character of tinners 
actually toorking upon the mines, and therefore 
presumably unable to be attendant as suitors in 
distant Courts without interruption of their labours 
and injury to the EarFs or Duke's ad valorem coin- 
age duty on tin. Of this nature is the franchise 
of exemption from the process of any jurisdic- 
tion, except that which the charters profess to vest 



XU INTRODUCTORY NOTICE. 

in the Warden of the Stannaries for the general 
benefit of the '^ Stannatores operantes" and only 
*^dum operantur;'' and this exemption, as well as the 
old exemption from tolls and talliages, has never 
been claimed for any but strictly working tinners. 
But in other cases, where the franchise touches 
only the power of the Warden or his deputies to 
entertain suits by or against or between tinners 
without claiming exclusive cognizance, the charter 
of 33 Edw. 1. is capable of a construction which 
admits of a more liberal application of the term 
"miner/' Very learned treatises are extant, in 
which the larger use of the word is supported 
with great plausibility. These treatises and other 
manuscript collections relating to Stannary juris- 
diction appear to have been composed in the reign 
of Jac. 1. and Chas. 1., at a time when a flood 
of prohibitions, issuing from the superior Courts 
of common law, testify the judicial tendency of 
those times to narrow, or to absorb, all other 
jurisdictions whether subordinate, or even co- 
ordinate. Perhaps the Courts of the Duchy 
of Cornwall, then and for many centuries in- 
timately connected with the revenues of the 
Crown or the Prince, suffered less than other 
inferior Courts ; for the forms of Stannary process 
and the singular and abnormal provisions for ap- 
peal still survive, with very slight alteration, and 



INTRODUCTOEY NOTICE. XIU 

bear testimony to the successful retention of 
forms which* have disappeared in other instances, 
and of an exemption from revision by writ of error 
or false judgment, which can be claimed by no 
other inferior Court of common law at this day. 

In aid of this wider construction of the franchises 
confirmed to the tinner, there is the stronger testi- 
mony of the rolls of the Steward's Court themselves, 
which exist in great abundance among the rolls 
of the Exchequer, and record the usage of five 
centuries. In these we find nothing to support so 
narrow a definition as some have sought to attach 
to the " Stannator" of the old charters ; but per- 
sons of all ranks, civil and ecclesiastical, appear in 
them as suitors. 

This practice has continued to the present time, 
and if it be well founded, then it may perhaps be 
laid down in general terms that, — 

All persons are miners, so as to come within the 
jurisdiction of the Court, when and so long as they 
are really engaged in searching for or working 
mines of tin or other metallic minerals within the 
Stannaries, "whether such works be underground 
or superficial; or in making merchantable tlie 
produce thereof; and whether they be so engaged 
as labourers, worlimen, agents, or adventurers 
therein. 

^3 



XIV INTRODUCTORY NOTICE. 

Whether this definition of a miner may not admit 
of still further enlargement is a matter which may 
be considered open to inquiry. The resolutions of 
the judges in 7 Car. 1. would seem to sanction a 
wider extension of its legitimate import.* There 

* The earlier Stannary rolls of the Stewards seem to have 
been deposited in the Exchequer as vouchers of the accounts 
annually received and audited by the officers of the King*s 
Exchequer by authority of special writs for that purpose. One 
of the earliest rolls, 49 Ed. 3., has an entry of a plea in the 
nature of a replevin suit by one tinner against a defendant 
who was not one, for an unjust taking of cattle on a tin- 
work : Vice v. Thomas, Appendix, pp. 63, 64. The meaning 
of the term " miner" was attempted to be defined by the 
Stannary Convocation, 30 Eliz. (Ibid. pp. 50^ 51), and by 
those of 22 Jas. 1., Art. 12. 14., and 12 Charles 1., Art. 5. 
See also Adams v. Warden of the Stannafnes, Cro. Car. 333., 
1 Roll. Ab. 548, and 2 Roll. Ab. 314 ; and Reignol v. Taylor, 
7 Mod. Rep. 103. This last case probably relates to some 
manor Court, and not to a Stannary Court, from which no 
writ of error lies. The cases, or case, (for they seem iden- 
tical) in RoUe's Abridgment relate to the customary Court 
of the duchy and manor of Calstock, and not to any Stannary 
Court. The dictum attributed to Noy, Attorney General, 
in Adams v. Warde^i of the Stannaries, that the jurisdiction 
is " only for tin matters,'* is irreconcileable with the resolu- 
tion to which he was a party only two years before, and is 
probably a mistake of the reporter. Indeed, the books 
rarely report a case touching the Stannaries without some 
manifest mistake. Even Lord Chief J ustice Coke gives as 
the style of the Stannary Court the caption of a convocation 
or assembly of tinners at Crockern Tor, which was not a 
Court of judicature at all (4 Co. Inst. p. 229). In the 



INTRODUCTOEY NOTICE. XV 

can be little doubt that the owner of tin-Bounds, 
where that species of interest can be legally recog- 
nised^ would have been deemed a privileged Stan- 
nator, according to the ancient usage^ when such 
bounds are duly worked. 

It will be observed that the common law 
jurisdiction is not wholly dependent on the subject- 
matter of the suit, but may be founded entirely on 
the character of the suitors as miners. It is, 
therefore, plain that this jurisdiction may have no 
relation to mines or minerals at all, and can in 
general have little influence at this day on the 
welfare or interests of mining. The charters 
rather contemplate the personal convenience of 
tinners by providing a domestic forum for liti- 
gation unconnected with titles or graver causes of 
contention. 

On the other hand, it does not very clearly ap- 
pear that the statute 6 & 7 Wm. 4. c. 106. contem- 

entry of a prohibition in Coke's Entries, 467, the charter of 
33 Ed. 1. is misrecited, as if the word '•^operam" had been 
used in the tenere phcita clause of it. The whole question 
of jurisdiction is very elaborately discussed in treatises 
among the Anstis MSS. in the Duchy Office, partially 
quoted in Sir George Harrison's Report, a.d. 1829, pp. 133, 
136, 149, 150, and among the Hale MSS., Lincoln's Inn, 
vol. 83, f. 232, and Maynard MSS., ibid. vol. 63. The slat. 
16 Car. 1. c. 15., though now in great part repealed or 
superseded, may still be regarded as declaratory of the 
practice at that time. 



XVI INTRODUCTORY NOTICE. 

plated any extension or amendment of jurisdic- 
tion in reference to anything but causes relating 
to mining and its subsidiary processes. But the 
6th and 41st clauses are sufficient to preserve and 
transfer to the Vice Warden any jurisdiction which 
the Stannary Courts formerly possessed ; and it has 
been considered by that Court that the Act might 
fairly be construed to invest all miners with the 
franchises theretofore enjoyed by tin miners alone. 
Any doubt about this construction has been usually 
obviated by styling the parties tinners as well as 
miners; and as mines are now usually worked 
by persons who qualify themselves to appropriate 
all the metallic minerals they can find, it most 
commonly happens that a miner is also tinner. 

In the recent provision for extending the juris- 
diction into Devonshire, it has been thought more 
consonant with the objects of the Act to confine 
it expressly to those causes which are connected 
with mining, and arie directly conducive to the 
advancement of that species of industrial enterprise. 

The Equity jurisdiction is the department of the 
Court which has hitherto enjoyed most favour, and 
can alone exert any important infiuence on the 
welfare of mining. It is this branch of jurisdiction 
which' it has been the main object of the late Act 
to extend and improve. 

The records of the Court shew that its equity 



INTRODUCTOEY NOTICE. XVU 

jurisdiction has been in practice exercised, not in 
respect of the person as a miner, but in respect of 
the subject-matter alone — viz., a mine. Some few 
precedents are said to be found of suits instituted 
for other and diflFerent purposes ; but the objection 
of want of jurisdiction was not there raised.* It is 
certain that no suits uncoimected with mining can 
receive any benefit from the extended efficacy con- 
ferred on the process of the Court by the late Act ; 
and it is very questionable whether even the consent 
of the parties can authorize the Court to entertain 
a jurisdiction in causes other than Stannary causes 
on the equity side. 

Neither on the equity nor the common law side 
has the Court ever considered itself competent to 
decide upon any question of title, at least of title 
to the freehold or inheritance, or upon any question 
touching or affecting such title, or to take cogni- 
zance of any local action arising out of the 
Stannaries ; f and where, in such cases, the 
proceeding must necessarily prove fnutless for 



* The case of Lecher v. Dale, brought by appeal before the 
Lord Warden in 1838, was a common administration suit, 
tried by consent. The Vice Warden tried it with reluctance, 
and his decree was reversed. 

f Appendix to Vice v. Thomas^ pp. 37 and 100 ; 4 Co. 
Inst. 231. 



XVUl INTRODUCTORY NOTICE. 

want of inherent power to bind the parties or 
enforce obedience, the objection of want of juris- 
diction will probably be fatal without any plea or 
demurrer to raise it j for no consent, testified by 
an omission to raise it by proper pleading, can give 
validity to any process unknown to the formularies 
of the Court, or issued for execution beyond its 
territorial limits, unless some Act of Parliament 
shall have authorized it. But where the parties 
and subjects of litigation are within those limits, 
it would seem that the consent of the parties, 
however testified, may enable the Vice Warden to 
adjudicate upon claims touching the freehold or 
title to land as between and against such parties 
and those who claim under them.* 

After having explained, so far as the records and 
precedents of the Court and other authorities (not 
always reconcileable with each other) will pertnit, 
the nature and extent of the jurisdiction, it may be 
useful to draw attention to the use and application 
of its powers in relation to mining associations in 
the counties of Cornwall and Devon, especially with 
reference to the principal systems of management 
now prevailing there, namely. Companies consti- 

* See sect. 14 & 15 of 18 Vict. c. 32. 



INTRODUCTORY NOTICE. XIX 

tuted on the so-called '' Cost Book Principle/* and 
those formed under the Joint Stock Companies 
Acts.* 

The last acts seem likely to undergo some modi- 
fication by measures now pending in Parliament, 
and it is therefore inexpedient to say much about 
them. The present organization of Joint Stock 
Companies gives to the Stannary Court but little 
authority over them, nor can the customary pro- 
cess of the Court be rendered in any important 
degree available in favour of such companies, or of 
their creditors. Any value which it may possess 
is to be looked for chiefly in the case of mines not 
registered or organized under those acts. Such 
mines are now usually called Cost Book Mines. 

This class of mines, or, more correctly, of mining 
companies, derives its name from a book or books 
long &miliar in the Account houses of Western 
Mining Companies, in which are entered, among 
other things, the costs, or working expenses, of the 
mine. As applied to a class of companies the name 
has become very current since the passing of the 
Act of 7 & 8 Vict. c. 110. in 1844, from the ope- 

* A third kind can, at present, hardly have any legal ex- 
istence ; for the ordinary incidents of a mining partnership 
would bring it within those acts, unless they can claim 
exemption as Cost Book Mines. The acts to which these 
observations refer are 7 & 8 Vict. c. 110. and the acts 
passed for its amendment. 



XX INTRODUCTORY NOTICE. 

ration of which they are expressly excepted. The 
exception is known to have been inserted at the 
instance of those who regarded the compulsory 
provisions of that act as likely to be onerous and 
inconvenient to the mining interest within the 
Stannaries ; but not being confined to the counties 
of Cornwall or Devon by name^ the exemption was 
soon claimed by companies established for mining 
in other counties, who annoimced themselves as 
cost book mine companies, and under the protec- 
tion of that name (for they have generally adopted 
little else beside the name) secured their freedom 
from legislative regulation. The name has been 
assumed even in the colonies, where the same 
motive cannot have operated. In many cases of 
mines worked out of the Stannaries, and in some 
few cases within it, the name has been assumed 
by companies which were strictly Joint Stock 
Companies, with deeds of settlement and special 
regulations framed on some ideal type of the 
^*cost book system," or modelled on what was 
supposed to be the approved practice of mining in 
Cornwall.* 

* A very useful and instructive summary of, and com- 
ment upon, the cost book system, and the law of mines in 
general, will be found in Mr. Collier's Treatise on the Law 
of Mines, Chap. III., 2nd Ed. Mr. Childs, a solicitor well 
acquainted with the practice of mining in the West, has 
also published an able outline of the system. 



INTRODUCTOEY NOTICE. XXI 

It must not be supposed that cost book mining 
is the basis of the Stannary jurisdiction. The 
creation of the court must have long preceded any 
organized system of working or management^ or 
the use of any books whatever. Indeed the most 
ancient usage of mining was for each shareholder 
to work in common, and only to contribute 
payment when he was unable or unwilling to con- 
tribute personal labour ; and traces of this practice 
are visible in the Stannary Convocation Acts even 
as late as the 17th century, and perhaps later. 

Whatever be the conditions of partnership 
within the Stannaries, the Stannary Courts have 
always claimed and exercised admitted jurisdiction 
over them, and have regarded the adventurers as 
subject to the local customs of management and pro* 
cedure, where they have not themselves expressly 
^iLcluded the former, or renounced the benefit of 
the latter, by specific conventions binding upon 
those who were assenting parties to them. 

Although we have seen that any company of 
miners in Cornwall or Devon are presumably 
vrithin the cognizance of the Court, whatever be 
the terms of partnership or modes of working 
adopted by them, yet as nearly every open mine 
in those counties is now worked under a manage- 
ment which professes to conform to the cost book 
principle, it will be worth while to give an outhne 
of the principal features of the system or practice 



XXU INTRODUCTORY NOTICE. 

which has acquired that name. It will be seen 
that some of the alleged incidents of the system 
are such as attach to property of the nature of a 
mining adventure wheresoever situate ; others are 
referable only to local usage ; and it is not easy to 
point out to what extent each incident is to be 
regarded as essential. All practical miners wiU 
probably admit the correctness of the outline, and 
the expediency of a strict adherence to the terms 
of it ; but they will also admit that the terms are 
too often disregarded ; and even those who desire 
to comply with them are not always agreed on the 
true construction of them. — 

The adventure is to be divided into equal parts, 
called shares. The number of parts may be varied 
by a resolution of the shareholders, but not so as 
to affect the relative value of shares held by 
existing adventurers; or by the devolution or 
relinquishment of shares. 

The principal agents usually named at meetings, 
and removable, are the managing agents for under- 
ground and surface works, such as captains, &c., 
and a purser or financial manager. 

A book is kept called the '^ Cost Book*' in which 
should be regularly entered, — 

1. A list or lists of shareholders, with the 
address and number of shares of each, 
and dates of transfers ; 



INTKODUCTORY NOTICE. XXUl 

2. Names of officers appointed ; 

3. Resolutions of meetings duly summoned ; 

4. Accounts, and the audit thereof; 

5. Declarations of calls and dividends ; 

6. All duly notified changes in the ownership 

of shares. 

Any special matters relating to the management 
or engagements of the mine ought also to appear 
in the cost book. 

The purser is the proper person to see that this 
book is duly kept, but the duties of a purser are 
sometimes otherwise distributed, or are under- 
taken by a committee of managing shareholders 
with their secretary. The above entries may be 
contained in one or in several books ; and in large 
mines they usually are so subdivided. 

Frequent meetings of adventurers (usually every 
two months) take place to examine and audit 
accounts, declare dividends, or apportion costs 
and direct calls for contribution thereto, to receive 
reports, and to determine the course of proceedings. 

At these meetings the majority in value bind the 
rest as to the ordinary management of the mine. 

The majority in such cases, or the authorized 
managers of the mine, may pledge the credit of aU 
the adventurers by contracts for goods, labour or 
other necessaries for the working of the mine; 
but not by contracts for the loan or advance of 



XXIV INTRODUCTORY NOTICE. 

money to the use of the mine, except with the 
consent of all the shareholders. 

Calls for contribution ought strictly and regu- 
larly to be only for payment of costs actually paid 
or incurred, and not for prospective works or 
expences, or for money lent. If the agents or 
managers borrow money and duly apply it, they 
may be reimbursed, not as for money borrowed, 
but for money laid out on the mine. 

An adventurer may transfer his shares, and the 
purser, or person having the charge and keeping 
of the cost book, must enter the transfer on 
production of a written notice of transfer from 
the vendor, and of acceptance by the purchaser, 
and on payment of costs due on the shares so 
transferred. 

An adventurer njay also determine his partner- 
ship by relinquishing his shares, but without 
prejudice to existing liabilities ; and he has a claim 
for his proportionate share of the common pro- 
perty of the company employed in the adventure. 

A regular transfer is complete on the entry in 
the cost book, so far as to give to the purchaser a 
title to future dividends and to relieve the vendor 
from liability to future calls, and to convey to the 
purchaser all the interest of the vendor in the 
adventure, plant, and common property. The 
entry duly made on proper authority is a perfect 



INTRODUCTORY NOTICE. XXV 

customary transfer according to the general 
practice in the Stannaries. 

All creditors for goods^ labour, or necessaries 
supplied, and personal services rendered in work- 
ing a mine, have a tacit hypothec, or lien, on the 
plant and personal property on the mine. 

The company have a lien on the shares of coad- 
venturers for contribution to costs duly apportioned 
and allowed. 

For the purpose of enforcing observance of this 
system of working, the customary jurisdiction of 
the Stannary Court will be exercised in the follow- 
ing cases : namely — 

To compel entry of a regular transfer in the 
cost book in favour of the party entitled. 

To compel production of books and lists of 
adventurers pending a suit, or, in some cases, 
when no suit is pending. 

To enforce payment of contribution by a suit in 
the name of the purser or principal agent against 
shareholders for the sale of their shares. 

To enforce the lien of creditors by petition 
against the purser or principal agent; and to 
prevent, by injunction, the sale or removal of 
machinery and materials &om the mine, and, if 
need be, to decree a sale and distribution pari 
passu among creditors generally. 



XXVI INTEODUCTOEY NOTICE. 

To compel a general account and contribution 
as between aU the shareholders ; and this without 
praying for a dissolution of the partnership. 

To compel specific performance of agreements 
for sale of shares. 

To declare setts, whether customary or written, 
void for forfeiture by non- working ; and, by eject- 
ment, to recover possession of mines after the for- 
feiture or determination of the setts or licences 
under which they are worked; and to stop the 
working by injunction in case of waste or irre- 
parable damage, or in other cases in which a 
like injunction would issue out of the superior 
Courts. 

The above is not to be taken as a complete 
statement of the remedial operation of the Court 
in relation to mining. The equity jurisdiction 
extends, so far as its powers and local limits 
permit, to most of the usual causes which the 
higher Courts of equity might entertain under 
like circumstances. It is wanting however in the 
important head of discovery upon oath. A partial 
discovery may, in some instances, be obtained 
on interlocutory proceedings, as in the superior 
Courts; and statements may be required to be 
verified on oath in order to entitle the party to 
take some step, or to ask some favour from the 



INTRODUCTORY NOTICE. XXVU 

Court ; but no formal answer upon oath has ever 
been required, as of course, fipom a defendant. 

The rules relating to the necessary parties to a 
suit apply as well to the Vice Warden^s Court as 
to the High Court of Chancery ; and, generally, 
the principles of Equity, and, to a certain extent, 
the practice in Chancery, may be referred to as a 
guide to the administration of justice in the Stan- 
naries, except where ancient usage and prescription 
have sanctioned a deviation from them, or the con- 
stitution of the Court will not admit of their appli- 
cation. Nor is there much reason to regret that 
the practice of answering upon oath, and all the 
consequential subtleties in both biU and answer 
which it necessarily engenders, are unknown. 
There is enough of equity to release the suitor 
&om some inconvenient principles of pleading at 
the common law, and to dispense with a resort 
to the Court of Chancery in very numerous in- 
stances.* 

By recognising a general usage or principle of 



* Until the extension of the jurisdiction into Devonshire, 
it was impossible for any agent or creditor of a mine in that 
country, who had the slightest interest in it as a shareholder, 
to enforce payment of salary, wages, or other debts in any 
Court of common law. As all the agents are commonly also 
adventurers, the inconvenience of this state of things may be 
easily imagined. 



XXVm INTRODUCTORY NOTICE. 

management^ which the Court presumes to be the 
constitution of every company of adventurers in 
the absence of express agreement at variance with 
it, the establishment of any formal terms of partner- 
ship, or the execution of any deed of settlement, 
becomes superfluous. The mere association of a 
party of adventurers for working a mine, without 
more, makes them subject at once to those known 
general rules of management and limits of liability 
which are enforced by the ordinary jurisdiction of the 
Court, and which have been found by experience to 
work satisfactorily, and to involve no serious indi- 
vidual responsibihty if the adventurers are men of 
ordinary caution, and their agents men of common 
honesty. It is the system on which by very far 
the largest and most profitable mines in Cornwall 
are at this time worked. 

Mines in the two western counties are rarely 
conducted by joint stock companies in any strict 
or proper sense of that designation. Their joint 
stock is nothing more than a license, sett, or lease 
for a term of years from the lord of the land, of 
little or no intrinsic value, and the machinery and 
plant, whatever that may be, standing on or below 
the surface. The mine, or rather the adventure 
in it, is alone divided into shares, and there is no 
nominal money capital, subscribed or imsubscribed, 
which is to be made from time to time the subject 
of calls for prospective expenses, and which con- 



INTBODUCTO&T NOTICB. XXIX 

stitutes the base of the company^s operations and 
their title to credit. 

In 80 far as any company shall adopt this last distin- 
guishing attribute of a joint stock company^ just so 
far will it depart from the normal type of a cost book 
mine ; — that is, of a mine in which the shareholders 
hold themselves liable only to contribute to the 
actual costs of working so long as such works are 
conducted with their consent^ or so long as they 
do no^ testify their dissent by withdrawing firom 
the adventure or disposing of their interest to third 
parties. It is true that voluntary advances of money 
by the general consent of shareholders in order to 
establish efficient works, or to remove a temporary 
pressure, may co-exist with a real and bond fide con- 
formity to the general principle of a cost book part- 
nership ; but it is apprehended that such advances 
would no more constitute a true joint stock com- 
pany than the like advances made for immediate 
purposes by members of any private partnership. 

It must, however, be recollected that the prin- 
cipal Act (7 & 8 Vict. c. 110.) at this time in force 
for regulating joint stock companies has apparently 
80 defined such companies for the purposes of that 
Act, as to include those which may have no capital 
at all; as, for instance, a mere partnership con- 
sisting of twenty-five members.* 

* The Bill latelj brought into Parliament by the Vice 
c 



XXX INTEODUCTOEY NOTICE. 

Whenever it may be thought advisable to carry 
on operations on a very large scale ; — as to establish 
workings over an extensive or unexplored district ; 
or to attempt to make exhausted mines again pro- 
ductive by a large and speculative outlay on the 
means of increased power ; — then it may become 
necessary to resort to other forms of association 
than those which now prevail within the Stan- 
naries. 

If in order to obtain funds with greater^acility 
it shall hereafter be thought expedient to adopt 
the principle of a limited liability, such as the 
legislature has recently been disposed to favour, it 
will be necessary for mining companies to consider 
well the nature of the species of the enterprise in 
which they are engaged. 

They will not overlook the fact, that the unex- 
plored, underground, contents of a tract of land, of 
which the value must be taken upon trust, and in 
which the eye of any ordinary adventurer or creditor 
will look in vain for the visible promise of future 
profit, are not of the same nature as those super- 
ficial subjects of commercial adventure, such as 
docks, railways, patent rights, and the like, where 
every subscriber is able, or fancies he is able, to 
calculate the probable success, and is willing to 



President of the Board of Trade includes in its compulsory 
provisions a still wider range of associations. 



INTRODUCTORY NOTICE. XXXI 

cast his bread upon the waters with that confident 
expectation of an early and profitable return, which 
may be inspired either by his sagacity, or his igno- 
rance. They will remember that those purchasers 
who can fix limits to their own obligation to pay 
must come into the market with ready money. 
The merchants, who supply the essential materials 
of mining industry, will give small credit unless 
they can rely on the individual security of solvent 
and amenable parties, or on the visible promise of 
a prosperous concern. These considerations, how- 
ever, are beyond the scope of the present introduc- 
tory notice, which has for its object only a general 
outline of the nature of the Stannary jurisdiction 
and its application to mining in the two counties 
over which it now extends. 

It is proper to warn the reader that no observa- 
tions or statements contained in this notice are to 
be taken to have any more authority than, upon 
examination, they may appear to deserve. 



xxxu 



CONTENTS. 



Page 

Table of General Orders in Equity 1 

Table of General Eules at Common Law, viz. ; 

In Suits by Plaint . .65 

In Suits by Writ of Summons .114 

BuleSy Orders, and Eegulations of the Office, &c. . 203 

Table of Statutes .... 208 



TABLE OF GENERAL OEDERS IN EQUITY. 



I. GlCNERAL PbOCKDUBE. 

Procedure bj Petition and Summons 

Service of Petition and Summons 

Form of Petition 

Appearance 

Demurrer or Plea to Jurisdiction 

Answer 

Replication . 

Hearing 

Evidence and Examinations . 

■Production of Documents 

Decree 

Execution and Attachment . 



Pftge 
4 

5 

7 

9 

11 

11 

12 

12 

14 

15 

16 

18 



II. Incii>£ktal aot) Interlocutort Proceedings. 

Service on Parties or their Solicitors . . 20 

Amendment ...... 22 

Abatement and Revivor . .23 

Objection for want of Parties. Misjoinder. Nonjoinder 24 
Objection to Pleadings . .26 

Stay of Proceedings ..... 26 

Motions and Affidavits .27 

Injunctions ...... 28 



C05TK^T8. 



ni. pBocEKDnros nr the RBOiarrBAB's Office. 







Page 


Proceedings before the Registrar 


29 


Proceedings on Orders of Sale ; viz. 




In Pursers' Suits • . . . 


34 


In Creditors* Suits . . . . 


35 


Beports by tlie R^istrar . . . . 


38 


Costs ...... 


39 


lY. MiscELUkscBOiTS Okdkbs. 




Computation of Time . . . . 


42 


Power to rectify Mistakes . . . . 


43 


Interpretation . . . . . 


ib. 


SCHEDUIS OF FOBMS. 




(A.) Form of Petition . . . , 


45 


(B.) Summonses to appear, &c 




46 


(C.) Petition in Pursers' Suit 




47 


(D.) Petition in Creditors* Suits 




40 


(£.) Demurrer to the Jurisdiction 




51 


(F.) Plea to the Jurisdiction 




ib. 


(G.) Form of Answer 




52 


(H.) Replication 




63 


(I.) Subpoena to testify to the Court, &c . 


ib. 




54 


(L.) Registrar's Report . ' . 


55 


(M.) Summons to attend R^istrar . 


ib. 


(N.) Summons to produce Cost-book to the Regis- 




trar, &c. .... 


56 


(0.) Writ of Fieri Facias within the Stannaries 


57 


(P.) Writ for execution out of the Stannaries 


5S 


(Q.) Writ of Attachment • 


60 


SCHEDULK OF COUST FsES. 


, , 


61 



GENERAL ORDERS OF THE COURT. 
EQUITY SIDE. 



The Vice Warden of the Stannaries, with the 
consent and approval of the Eight Honourable Sir 
George James Turner, one of the Lords Justices of 
the Court of Appeal in Chancery, and by authority 
of an act passed in the 18th year of the reign of 
her present Majesty, entitled "An Act to amend 
and extend the jurisdiction of the Stannary Court," 
and in pursuance and execution of all other powers 
enabling him in that behalf, doth hereby obdeb 
and DiBEOT that upon and after the 20th day of 
April, instant, all existing written general orders and 
rules in Equity of the Court of the said Vice Warden 
shall cease and be no longer in force, except so far as 
may be necessary to give effect to any step or proceed- 
ing theretofore taken; and that upon and after the said 
day, the following orders, rules and directions, with the 
Schedules of Forms and Fees annexed thereto, shall 
be the General Orders and Kules of the said Court 
on the Equity side thereof, that is to say : — 
B 2 



GENERAL OBDEBS. 



PBOCEBUBE BY PETITIOIT AlfD SUMMONS. 

1. Suits on the equity side of the Court are to be 
prosecuted by petition. The petition is to be in sub- 
stance in the form (A.) contained in the Schedule 
annexed to these orders. 

2. The petition is to be entitled of the Stannaries 
of the county or counties in which the mine or works 
to which it relates are situate, and is to be addressed 
to the Vice Warden. It may be either printed or 
written, or partly printed and partly written, and is 
to be subscribed in the manner required by orders, 
No. 71, 72. 

3. The petition is to be taken to the Secretary of the 
Vice Warden, who will deliver to the petitioner a 
summons requiring the defendant to appear and 
answer, which summons is to be in the form (B.) con- 
tained in the Schedule annexed to these orders. 

4. The petition and summons are to be taken by 
the petitioner, or his solicitor, to the Begistrar, who 
will seal the summons and file the petition. 

5. One summons may include all the defendants, 
but duplicate summonses may be issued for convenience 
of service. 

6. The summons, together with a copy of the 
petition, must be served within a calendar month after 
its date, unless the Court shall otherwise order. 



8EBTICE OP PETITION AND SUMMONS, 



SEBYICE OF PETITION AND SUMMONS. 

7. The copy of the petition and the summons are 
to be personally served upon the defendant, and upon 
each of several defendants, unless the Vice Warden 
shall upon application to him for that purpose order 
substituted service. 

8. In cases where the Vice Warden or Court is 
empowered by statute to order that service of process 
on the defendant out of the jurisdiction of the Court 
to compel appearance and answer, shall be good or suffi- 
cient service, the application for such order is to be 
made before service, and is to be supported by an 
affidavit shewing to the satisfaction of the Vice 
WM^en that the defendant sought to be served is not 
personally resident or to be found within' the jurisdic- 
tion ; and that the defendant is, or is verily believed to 
be, resident or to be found at a place, to be named, in 
England or Wales and out of the jurisdiction. 

9. The application is to be made within one week 
after filing the petition, and the motion is to be made 
on production of a copy of the petition, and a certificate 
by the Begistrar of the filing thereof. 

10. Upon serving such process, a copy of the order 
of the Vice Warden is at the same time, and in like 
manner, to be also served on the defendant. 

11. Affidavits filed for proving service under the 
order are to state when, where, how, and by whom it 
was effected. 

12. In creditors' suits against pursers, the affidavit^ 



O OEITEBAL OBBEBS. 

in support of the application for the order, is also to 
show some satisfactory reason for making a person 
out of the jurisdiction defendant in the suit. 

13. In all cases of creditors' suits, the plaintiff is 
forthwith, frfber filing his petition, to caxise to be fixed 
up at the Account House or principal building on the 
mine a notice to the following effect, signed by him 
or his solicitor : 

" To the adventurers and others interested in the 
" mine called . 

" Notice is hereby given that a petition was on the 
" day of , filed in the Vice Warden's 

" Court, by A. B. against C. D., the purser of [or 
^^ prmcvpal agent of^ortm adventurer m] the above 
" mine, for payment of the siun of , due from 

** the adventurers, and for sale of the ores, machinery, 
" materials and effects in defeult of payment." 

14. In Pursers' suits for contribution, the plaintiff, 
who applies to the Vice Warden for an order to sub- 
stitute service on the mine for personal service, must 
show by affidavit that the defendant cannot be per- 
sonally served within the jurisdiction ; and where the 
application may be made after such constructive service, 
he must also show by affidavit that the summons and 
copy of petition have been fixed up in a conspicuous 
part of the Account House or principal building on 
the mine, and that reasonable diligence has been used 
to notify to the defendant the filing of the petition 
and is^iuing of the summons. 

15. After such constructive service has been ordered 
and made, all further services in the same cause, made 



8EBTICE OF PSTITIOK AlH) BXTHKOVS. 7 

in the same manner in which the Bummons and petition 
were served, are to be deemed sufficient without 
further order, unless the defendant shall in the 
mean time have voluntarily appeared in person or by 
solicitor. 



rOBH OF PETITION. 

16. The petition is to state the material facts and 
circumstances on which the plaintiff relies concisely 
and phunly, without stating any matters which are 
merely evidence of such facts and circumstances, and 
without reciting the forms or customs of procedure of 
the Court; and the petition is to pray for the par- 
ticular relief required, and also for general relief. 

17. In Pursers' suits, the petition is not to contain 
any formal recital of the custom of pursers to sue for 
contribution to the costs of the mine, or of the custom 
to 8^ the shares of adventurers in satisfaction of such 
costs. 

18. In Pursers' suits, if the adventurers profess to 
work the mine on the cost-book system or principle, 
this is to be alleged in the petition. 

19. The petition in such suits is to show, if the 
fSact be so, that the accounts of the mine have been 
duly audited and allowed, and that the costs sought 
to be recovered by the plaintiff are part of the costs 
which have been so audited and allowed ; and credit 
is to be given in the petition for all payments (if any) 
made by the defendant on account ; and the petition 



8 GENEBAL OBDEBS. 

is to pray for a decree for pajment ; for sale of the 
defendant's shares and interest in the mine in default 
of payment ; and for general relief. The petition in 
such suits may be in the form (C.) contained in the 
Schedule annexed to these orders. 

20. In Creditors' suits the petition is not to con- 
tain any formal recital of the custom to sue pursers or 
agents for the debts of the adventurers, or of the 
custom to sell ores, machinery, materials, and effects 
on a mine in satisfaction of such debts. 

21. The plaintiff in such petition is to give credit 
to the defendant for all payments on account which 
have been made to him by or on behalf of the adven- 
turers. He is to allege the existence of ores, ma- 
chinery, materials, or other effects of the adventurers 
on the mine, and to pray for a decree for payment, 
and for a sale of them in default of payment. 

22. The plaintiff in such petition is also to pray 
for an injunction, if need be, to restrain the sale or 
removal of the ores, machinery, materials, and effects 
by the adventurers, and for general relief. The peti- 
tion in Creditors' suits may be in the form (D.) con- 
tained in the Schedule annexed. 

23. In pursers' and creditors' petitions the sums 
alleged to be due from the defendant or adventurers 
in respect of contribution or of debts, respectively, are 
to be truly stated according to the facts of the case ; 
and, generally, all dates, figures, and sums are to be 
truly stated in all petitions and other pleadings, so 
far as they are known or can be ascertained. 



APPEABANCE. 



APPEAEANCE. 



24. The defendant is to cause his appearance to be 
entered within four days aft-er service, if the service 
be within the jurisdiction of the Court, or within 
eight days after service, if the service be else- 
where in England or Wales, unless the Vice Warden 
shall otherwise order. 

25. It is to be entered by the Eegistrar upon 
instructions in writing from the defendant or his 
solicitor, and the date of such entry is to be recorded. 

26. If a defendant, being duly served, shall not have 
caused his appearance to be entered within the time 
limited for that purpose, the plaintiflf may apply to 
the Eegistrar to enter an appearance, who is to ei)ter 
it accordingly if satisfied by affidavit of the due 
service of the summons and copy of the petition. 

27. If the defendant so in default shall appear to be 
an infant, or person of unsound mind without a com- 
mittee, the Eegistrar is not to enter any appearance 
for him at the instance of the plaintiff, but, upon the 
application of the plaintiff, the Vice Warden may, if 
he thinks fit, upon proof of due service of process and 
of notice of application, as required in like cases in 
suits in the High Court of Chancery, assign some 
solicitor within the jurisdiction, or some other fit 
person to be guardian ad litem by whom such defen- 
dant may appear and answer ; and may give such 
directions for the indemnity of the guardian as 

b3 



10 GEKEILIX 0BDEB8. 

the justice and circumstaQces of the case may 
require. 

28. The plaintiff, who causes such appearance to 
be entered for the defendant, is to be allowed the 
costs thereof and incidental thereto, whatever be tl\e 
event of the suit. 

29. Notwithstanding an appearance so entered by 
the plaintiif, the defendant may afterwards enter an 
appearance for himself, but such appearance is not to 
affect any proceeding duly taken, or any right acquired 
by the plaintiff under or after the appearance entered 
by him, or to prejudice the plaintiff's right to the 
costs of the first appearance. 

30. Every application in a creditor's suit, raider 
section 5 of the statute 18 Vict. c. 32., by a person 
to be let in to defend the suit as an adventurer, is 
to be supported by satisfactory affidavit or affidavits 
that the person applying is such adventurer ; and, on 
such person being admitted to defend, the Begistrar 
is forthwith to enter his appearance, and the person 
BO admitted to defend is to file his answer within the 
time limited by the practice of the Court, or within 
such further or shorter time as may be specially 
limited by order of the Vice "Warden or Eegistrar. 

31. A guardian ad litem may be assigned for an 
infant, or person of unsound mind without a com- 
mittee, by the Vice Warden, upon a proper application 
and certificate of no adverse interest; and such 
guardian is to be a person resident within the juris- 
diction of the Court. 



D£MUBB£B OB PLEA TO JUBISDICTTON. 11 



SEMITBBEB OB PLEA TO JUBISDICTION. 

32. Demurrers or pleas to the jurisdiction are to be 
filed by the defendant within ten days after appearance 
entered by or for him : and the demurrer or plea (as 
the ease may be) may be in the forms (E.) and (F.) 
contained in the Schedule annexed. 



ANSWEB. 

33. The answer is not to be put in upon oath. It 
may be in the form (G.) contained in the Schedide 
annexed. 

34. The answer is to deny, either generally or spe- 
cially, every material allegation in the petition which 
the defendant intends to controvert at the hearing. 
All other statements contained in the petition not so 
denied will be taken as confessed. 

35. New matters relied upon by the defendant by 
way of answer to the petition, not being a mere denial 
of any allegation in the petition, are to bie stated in the 
answer concisely and plainly; an.d may be stated 
without further particulars than are necessary to give 
reasonable notice to the plaintiff of the substance of 
the defence intended to be relied upon at the hearing. 
Matters of set-off or counter-claim, in reduction or 
extinction of a pecuniary demand, must be stated in 
the answer. 



12 OZNEBAL OBDEBS. 

36. The answer to the petition is to be filed within 
fifteen days after appearance, whether entered by or 
for the defendant, unless further time be allowed to 
the defendant by consent of the plaintifi", or by order 
of the Vice Warden or Registrar. 

37. Notwithstanding the filing of any demurrer or 
plea to the jurisdiction, the defendant, if he intends to 
answer, must also answer within the time limited for 
that purpose. 

BEPLICATION. 

38. Within eight days after the filing of any plea to 
the jurisdiction, and of any answer, by the defendant, 
the plaintiff* is to file a replication in the form (H.) 
contained in the Schedule. 

39. Upon the filing of the replication, the cause will 
be deemed to be completely at issue. 

40. If the plaintiff" files no replication within the 
time limited in that behalf, the plea or answer will 
be taken as confessed and sufficient as against him, 
and the defendant may then move to dismiss the peti- 
tion for want of prosecution on production of the 
Registrar's certificate of default. 



HEABINO. 

41. When the defendant shall have filed only a 
demurrer to the jurisdiction, either party is to be at 



HEABIKO. 13 

liberty to bring on the demurrer for argument at 
the sittings on giving four clear days' notice to the 
other party. 

42. When the defendant shall have filed a demurrer 
or a plea to the jurisdiction, and aho an answer ; — or 
a plea to the jurisdiction only ; — or an answer only ; — 

he plaintiff is to bring on such demurrer and answer, 
plea and answer, plea alone, or answer alone, for hear- 
ing at the then next sittings after the cause shall be 
at issue. 

43. In the last mentioned cases, eight days' notice 
of hearing is to be given before the first day appointed 
by the Court for the hearing of causes in equity, 
unless the Vice "Warden shall otherwise order ; and 
four days countermand of such notice is to be suffi- 
cient. 

44. At the time of giving such notice of hearing, 
the party who gives it is also to notify to the Secre- 
tary of the Vice Warden his intention to bring on the 
cause for hearing or argument at the sittings specified 
in his notice to the opposite party. 

45. If, after a cause is at issue, the plaintiff does 
not proceed to bring it on at the next practicable sit- 
tings, the defendant is to be at liberty to move to dis- 
miss the petition with costs for want of prosecution ; 
or he may, if he thinks fit, instead of moving to dis- 
miss the petition, apply to the Vice Warden for 
liberty to bring on the cause on some future day of 
the same, or any subsequent sittings, to be appointed 
by the Yice Warden. 

46. Upon the hearing of a cause at issue, all ques- 



14 OENEBiiL OBDEBS. 

tioDB of fact and of law arising upon the petition and 
pleadings are to be taken as open to the parties. 

47. If the defendant, having been duly served with 
notice of hearing, not countermanded, shall not appear 
at such hearing, the plaintiff is to have such decree as, 
upon the pleadings and evidence, if any, adduced by 
him, he shall, in the judgment of the Court, appear to 
be entitled to. 



EVinENOB AND EXiLMmATIONS. 

48. Upon the hearing of petitions before the Vice 
Warden, the evidence of the witnesses is to be given 
vivd vocCf unless the parties shall otherwise have 
agreed, and it is to be subject to the same rules of 
practice as on trials on the common law side, so far as 
they are applicable; but examinations taken out of 
Court by the direction of the Vice "Warden, or affidavits 
sworn by his direction before the Eegistrar or Commis- 
sioners duly appointed, may be received in evidence. 

49. Witnesses, who shall be examined vivd voce out 
of Court, may be so examined either by or before the 
Eegistrar, or by or before a Commissioner or Commis- 
sioners named or appointed, pro hdc vice, by the 
Vice Warden, and subpoenas shall be issued to enforce 
attendance as upon hearings before the Vice Warden. 
Schedule (I.) (K.) 

50. Such examinations out of Court are to be con- 
ducted, generally, in like manner as examinations by 
or before the Examiners of the High Court of Chan- 



ETEDENCB AJSTD BXAMIKATIOITS. 15 

eery, having regard to the provisions contained in 
sects. 31, 32 and 33 of stat. 15 & 16 Vict. c. 86., so far 
as they are capahle of being applied to the Court of 
the Vice "Warden ; and the original depositions taken 
upon such examination are to be authenticated by the 
signature of the Eegistrar or Commissioners, and filed 
in the Begistrar's Office and be open for inspection of 
the parties to the suit, who shall be entitled to copies 
of the whole or any part thereof on payment of the 
fees authorized by the Court. 

51. ExaminatioDs of witnesses de bene esse may be 
taken by order of the Vice Warden, on motion, and 
are to be conducted in the same manner and by or 
before the same persons as other oral examinations 
out of Court. 



PBODUCTIOir OF nOCUMEKTS. 

62. The Vice "Warden, upon the application of the 
plaintiff in auy suit on the equity side, will make an 
order for the production by any defendant upon oath 
of such of the documents in his possession or power 
relating to the matters in question in the suit as the 
Vice Warden shall think right, and he will in like 
manner, on the application of any defendant, make a 
like order for production of such documents by the 
plaintiff on oath ; and the Court may deal with such 
documents, when produced, in such manner a» shall 
appear just. 



16 GENEBAL ORDERS. 

53. The practice in making orders for the produc- 
tion of such documents will be governed by the prin- 
ciples and practice of the High Court of Chancery on 
like applications, so fisir as the same may be consi- 
dered to be applicable ; and the forms of order and of 
affidavit prescribed for use in that Court may be used, 
mutatis mutandisy in the Court of the Vice "Warden of 
the Stannaries. 



DECREE. 

51. If the defendant neglects to file a demurrer, 
plea, or answer within the times limited by the practice 
of the Court, the plaintiff may, after the time for 
answering has expired, move for a decree as upon con- 
fession of the petition, on production of the Eegistrar's 
certificate of such default ; and the Vice Warden may 
thereupon, if he thinks fit, make such decree or order 
as the facts stated in the petition may warrant, or may 
direct that the cause be brought on for hearing on the 
petition at the next sittings, with leave for the defend- 
ant to appear at the hearing and to argue the merits 
as stated in the petition. 

55. In pursers' suits for contribution, there is to be 
no decree pro confesso for payment unless the petition 
alleges that the accounts of the mine have been duly 
audited and allowed by the adventurers, and a satisfac- 
tory affidavit be filed verifying that allegation and also 
the amount and nonpayment of the defendant's debt ; 



DECBEB. 17 

and tbe motion for a decree 'pro cowfetso for payment 
must be founded on such affidavit and on the Eegis- 
trar's certificate of default of appearance and answer. 

56. K no such audit and allowance be alleged in the 
petition, or no such affidavit filed, the decree pro con- 
fesso is to be for such inquiries only as the Vice 

Warden shall think fit. 

57. The decree for payment in a purser's suit may 
include an order for sale of the defendant's shares 
in default of payment ; and such order for sale may be 
made absolute on motion of course on a satisfactory 
affidavit of due service of the decree, and of default 
of payment in pursuance thereof. 

58. In creditors' suits the motion for a decree pro 
confesso for payment is to be founded on an affidavit 
verifying the amount and nonpayment of the debt, and 
on the Eegistrar's usual certificate of default. 

59. The decree for payment in a creditor's suit 
may include an order for sale in default of payment, 
and such order for sale may be made absolute on 
motion of course on a satisfactory affidavit of due 
service of the decree, and of default of payment in 
pursuance thereof. 

60. Decrees and orders of the Court are to be dated 
and to be drawn up without any further recital of the 
previous proceedings in the suit than is sufficient to 

• identify the suit and explain the decree or order ; and, 
if made by consent of parties, they are to be expressed 
to be so made. 

61. Decrees and orders requiring a party to pay 
money or to do any other act, are to fix the time, or 



18 OENEBAL OBDEBS. 

time after service, at or within which the act is to 
be done. 

EXECFTIOir AITD ATTACHMBlTr. 

62. Where the decree or order of the Court is against 
a party to the suit for payment of money, costs of suit, 
charges, or expenses, the party prosecuting the decree or 
order is to be at liberty to enforce payment according to 
the exigency of the decree or order by suing out such 
writ or writs oi fieri facias^ to be executed within the 
jurisdiction, as may be necessary, without special leave 
or order of the Court for that purpose. 

63. Any writ so issued is to be made returnable 
immediately, and have the indorsements required in 
the case of like writs issued out of the High Court 
of Chancery, and specified in the form (O.) in the 
schedule annexed. 

64. If no goods and chattels, or no sufficient 
goods and chattels, of the party against whom the 
writ oi fieri fadas issues, can be found within the 
jurisdiction of the Court to satisfy the monies directed 
to be levied imder it, the party prosecuting the decree 
01* order may, upon affidavit showing personal service 
of the decree or order ; the amount, if any, levied 
under the vmt oi fieri facicta ; and the amount still 
remaining due and unsatisfied, move the Court for 
leave to issue an attachment; — or he may, vrithout 
special leave of the Court for that purpose, upon a 
return of nulla hona, or of an insufficient levy by the 
bailiff;— or, by leave of the Court without such 



EIECTJTIOir AlTD ATTACHMENT. 19 

return, upon satisfactory proof, by affidavit or other- 
wise, that payment cannot be conveniently or effec- 
tually enforced by the ordinary process of the Court 
within the jurisdiction thereof, — sue out a writ or 
writs of execution, to be executed by the high bailiff 
of any County Court out of the jurisdiction in cases 
where the decree or order of the Court may lawfully 
be enforced by that process. The writ may be in the 
form (P.) in the Schedule. 

65. Where the decree or order of the Court is for 
some act to be done, other than the payment of money, 
costs, charges, or expenses, the party prosecuting the 
decree or order may, upon affidavit of personal service 
of the decree or order, and of the neglect or refusal of 
the party served to obey the same, according to the 
exigency thereof, move the Court for leave to issue an 
attachment against the disobedient party. 

66. "Writs of attachment are to be made return- 
able immediately, and to be in the form, mutatis 
mutandis, and as far as may be, of like writs issued 
out of the High Court of Chancery, and are to have 
the like indorsements thereon. The form of writ CQ.) 
is contained in the Schedule. 

67. Upon suing out any attachment or writ of 
execution, a prcscipe is to be filed at the Begistrar's 
Office by the party suing it out. 

68. Bailiffs are compellable to return writs by 
orders issued on application either to the Vice "Warden, 
or to the Eegistrar when the Court is not sitting, as 
in like cases on the common law side of the Court. 

69. No process of execution or attachment is to 



20 OENEBAL OBDEBS. 

issue against the purser or other defendant in a Credi- 
tor's suit, except as a contributory under section 5 of 
the statute 18 Vict. c. 32., or by special order of the 
Court. 

70. Every person, not being a party in the cause, 
in whose favour an order shall have been lawfully 
made, is to be entitled to enforce obedience to it by 
the same process as if he were a party; and every 
such person against whom obedience to an order may 
be enforced is to be liable to the same process as if he 
were a party. 



SEBVICE ON PABTIES OB THEIB SOLICITOBS. 

71. Every solicitor of a party suing or defending by 
a solicitor is to subscribe, indorse, or write upon every 
petition, demurrer, plea, answer, writ, or other plead- 
ing or proceeding, and upon all instructions to the 
Begistrar for appearance or other purpose sued out or 
filed in the cause, his name and place of business ; 
and, if such place of business shall be distant more 
than three miles from the* Eegistrar's office, he is also 
to leave with the Begistrar some other address within 
the said distance, where writs, notices, orders, sum- 
monses, rules and other proceedings and written com- 
munications may be left for him ; or he is to give such 
other directions as he shall think fit for service of such 
last mentioned documents by the general post. If no 
such address for service or directions shall have been 
left with or given to the Begistrar, the service is to 



BERTICE ON PABTIES OB THEIB B0LICIT0B8. 21 

be by some other mode substituted by order of the 
Vice Warden. 

72. Every party suing or defending in person is, in 
like manner, to subscribe, indorse, or write his name 
and residence upon every petition, demurrer, plea, 
answer, writ, pleading, proceeding and instruction 
aforesaid ; and, if such residence he distant more than 
three miles from the said office, he is also to leave an 
address for service within that distance, or directions 
for service, as above, by the general post, as in the case 
of solicitors. In the absence of such address or direc- 
tions for service, service is to be by some other mode 
substituted by order of the Vice Warden. 

73. In all cases of service through the general post 
the service wiU be presumed to be, or have been, duly 
effected on the day on which the document would 
arrive at its address and be delivered in due course of 
delivery. 

74. The above orders touching service on the party 
or his solicitor are not to be taken to apply to cases 
where personal service is necessary, or to extend 
to cases where other service is speciaUy prescribed 
by stat. 18 Vict. c. 32., or is expressly provided by the 
present orders. 

76. Writs, notices, orders, summonses, rules, and 
other proceedings and written communications, not 
requiring personal service, are to be served before 
«even o'clock, p.m., and service after that hour is to 
be deemed to be service on the day next following, 
excluding Sundays. 

76. A party is not to be at liberty to change his 



22 GENSBJLL OBDEBS. 

solicitor in any suit without an ordOT of the Court, 
which may be obtained, on summons, from the Regis-* 
trar. 



iLHEKDSIEITT. 

77. Applications made for amending petitions, pro- 
ceedings, or pleadings, before hearing, are to be made 
to the Eegistrar, and not to the Vice Warden in the 
first instance, except when the Court is sitting ; and 
where the application is not ex paHCy or of course, 
particulars of the proposed amendment, are to be 
shortly specified in the summons to attend before the 
Eegistrar. 

78. Where the amendment made is one which will, 
or may, alter or affect the subsequent pleadings of the 
opposite party, the Registrar is to allow to such party 
such further time for pleading or amending as to the 
Registrar shall seem reasonable under the circum- 
stances ; but not so as to extend the time for pleading 
or demurring for want of jurisdiction. 

79. In pursers' suits for contribution, and in 
creditors' suits against pursers, the Vice Warden at 
any time, or (before hearing) the Registrar when 
the Court is not sitting, may, if he thinks fit, upon 
application for that purpose, authorize an amendment 
of the petition by substituting another person in 
place of the purser or principal agent named in the 
petition as filed ; but if the application is made after 
appearance entered by the defendant, such amend- 



AKEKBMElSrT. 23 

ment is to be made, if at all, only on hearing both 
parties, and upon such tenns as to the Vice Warden 
or Eegistrar shall seem just. 

80. In pursers' suits the petition may be amended 
at any time before hearing by adding a demand for 
further contribution, become due and payable from 
the defendant since the filing thereof^ on such terms 
and conditions as the Vice Warden or Begistrar (as 
the case may be) shall think fit. 

81. And generally, facts and circumstances, which 
have occurred after the institution of a suit, may be 
introduced in the petition by way of amendment, on 
such terms and conditions as shall be thought just ; 
and a supplemental petition shall not be necessary in 
such cases. 



ABATEMENT AND EEVIVOB. 

82. The proceedings substituted by the Act 15 & 
16 Vict. c. 86. s. 52. for bills of revivor or supple- 
mental bills, upon suits becoming abated or defective 
by reason of the matters therein mentioned, may be 
adopted in suits in this Court, mutatis mutandis, so far 
as is consistent with the limited jurisdiction thereof 
as amended and enlarged by the statute 18 Yict. 
chap. 32. ; and parties served with the order obtained 
under such proceedings may apply within eight days 
after such service to discharge the order. 



24 OEKEBAL OBDEBS. 



OBJECTION FOB WjLKT OF PABTIE8. — MISJOIKDEB — 
KOTTJOIITDEB. 

83. It will not be competent for any party in a suit 
to take any objection for want of parties to such suit, 
in any case to which the rules set forth in section 44 
of the statute 15 & 16 Yict. chap. 86. extend ; and the 
said rules, and the general orders of the High Court of 
Chancery, now in force, touching the same rules, 
mutatis mutandis, are to be taken as part of the 
practice of the Court of the Yice Warden, so far as 
they are applicable to suits brought therein, and can 
be enforced by the process thereof; save only that the 
time for applying to add to any decree under Eule 8, is 
to be prescribed by the Vice Warden in each case, and 
to be specified in the notice of decree therein required. 

84. No suit is to be dismissed by reason only of 
the misjoinder of persons as plaintiffs therein, but the 
Court may grant relief modify its decree according to 
circumstances, and direct such amendments as may be 
necessary, and generally may exercise all the powers 
which the High Court of Chancery is enabled to 
exercise, in like cases of misjoinder under and by 
virtue of the last mentioned statute, so far as is con- 
sistent with the limited jurisdiction of the Court of 
the Vice Warden ; as amended and enlarged by the 
statute 18 Yict. chap. 32. 

85. The power conferred by a.ection 51 of the 
statute 15 & 16 Vict. c. 86., to adjudicate on questions 



OBJECTION FOE WANT OF PABTIES. 26 

arising between parties, notwithstanding that they 
may be some only of the parties interested in the 
property respecting which the question may have 
arisen, without making the other parties interested 
therein parties to the suit, may, subject to the proviso 
in the said section, be executed by the Court of the 
Vice Warden, so far as is consistent with the limited 
jurisdiction of the said Court, so amended and 
enlarged as aforesaid. 

86. If in any suit or other proceeding before the 
Court, it shall appear to the Court that any deceased 
person who was interested in the matters in question 
has no legal personal representative, the Court may 
either proceed in the absence of any person represent- 
ing the estate of such deceased person, or appoint 
some person to represent such estate for all the 
purposes of the suit or other proceeding, on such 
notice to such person or persons, if any, as the Court 
shall think fit, either specially or generally by public 
advertisements ; and the order so made by the said 
Court, and any orders consequent thereon, are to bind 
the estate of such deceased person in the same manner 
in every respect as if there had been a duly con- 
stituted legal personal representative of such deceased 
person and such legal personal representative had 
been a party to the suit or proceeding, and had duly 
appeared and submitted his rights and interests to the 
protection of the Court. 



26 GEITEBAL OBDEBS. 



OBJECTION TO FLEADIIfGS. 

87. Objections made before hearing by either party 
for defect of form, or on the ground of uncertainty, 
obscurity, prolixity, or multifariousness, are to be 
made in the first instance before the Eegistrar, and 
not before the Vice Warden, except when the Court 
is sitting ; and applications to the Begistrar on such 
grounds, are to be made before demurrer, plea, or an- 
swer filed where the defendant objects to the petition, 
and before replication filed, where the plaintiff objects 
to the answer. 



STAT or FBOCEEDnras. 

88. Interlocutory applications to the Vice "Warden 
or Eegistrar for amendment, or on objection to plead- 
ings, or proceedings, or for particulars of demand, or 
set off, or counter-claim, or for other purposes, are to 
operate as a stay of proceedings if, and for such time 
only as, the Vice Warden or Eegistrar shall respec- 
tively order. 

89. The time during which proceedings in a suit 
are stayed by order or otherwise, is to be excluded in 
the computation of the time limited by these orders 
for filing any pleadings. 



KOTIOirS JlSTD affidatits. 27 



MOTIOKS AKD APFIDATITS. 

90. All applications in a cause to the Vice Warden 
when sitting, or to the Vice Warden out of Court, 
whether by a party to the suit or not, are to be by mo- 
tion, and interlocutory petitions shall be unnecessary. 

91. When the Court is not sitting, motions for 
orders nm, and motions not requiring the personal 
attendance of parties or their solicitors, made in any 
cause, may be made by handing the motion paper and 
accompanying affidavits or other documents to the 
Secretfuy, who will forthwith transmit them to the 
Vice Warden, unless he shall observe any clear irre- 
gularity in the motion or accompanying papers, which 
he may think fit to bring to the notice of the party 
moving before transmission. 

92. The application for special orders in any cause, 
not being orders ea parte, is to be made either by mo- 
tion for an order to be made absolute unless cause be 
shewn within four days after service thereof, or within 
tiie four first days of the next sittings (as the case may 
be) ; — or by motion for an order absolute in the first 
instance after previous notice of motion to the oppo- 
site party; and such previous notice is to be served 
not less than four days before* the day named for 
moving, and is to express the object of the appli- 
cation, and specify the affidavits, or other documents 
intended to be used by the applicant ; and the party 
served will be entitled forthwith to inspect the papers 

c 2 



2S GEKEBiX OBPEBS. 

referred to in the notice, and to obtain copies thereof 
from the Eegistrar when filed ; and the party moying 
will in like manner be entitled to inspection and 
copies of any affidavit or other document to be used 
by the party on opposing the motion ; and such in- 
spection, if refiised, may be ordered by the Eegistrar. 

93. Notice of motion must be personal, when the 
motion is for process of contempt, unless personal 
service be dispensed with by special order of the Vice 
Warden. 

94. All affidavits and examinations used on motions 
or special applications are to be filed. 

95. Affidavits on motions of course, or ex parte , are 
to be filed on or before moving. 

96. All affidavits used in any cause are to be headed 
" Court of the Vice Warden of the Stannaries," and 
are to be drawn and expressed in the first person. If 
not so drawn and expressed, the affidavit may, never- 
theless, be read and used, but the Eegistrar may in 
his discretion disallow the costs of it ; and when a 
deponent speaks of facts only from the information of 
others, and not from his own knowledge, he must so 
state in his affidavit. 

jnf JUNCTIONS. 

97. Injunctions to restrain the sale or removal of 
ores, machinery, materials and effects from a mine, may 
issue ex parte on motion at any time after petition 
filed. 



pbocsephtos beeobs the begistbab. 29 

98. The affidavit necessary to support such motion 
is to allege good ground for apprehending that the 
effects on the mine are about to be sold or removed by 
the adventurers or others, and must verify all the ma- 
terial statements in the petition, and must further state 
that no other injunction has, to the best of deponent's 
information and belief, been already issued in another 
creditor's suit in the matter of the same mine, or 
that such other injunction is likely to be dissolved 
or become inoperative for reasons set forth in the 
affidavit. 

99. A list of injunctions issued in creditors' suits, 
with the names of the parties and the mine, the date 
of issuing, and sum sought to be recovered in each 
suit, is to be exhibited at the Eegistrar's Office for 
inspection of all applicants; and injunctions, when 
dissolved, or issued in suits abated, compromised, or 
otherwise disposed of, are to be erased from the list, 
as soon as such dissolution, abatement, compromise, 
4&C., shall become known to the Eegistrar. 



PBOCEEDHfas beeobe the begistbab. 

100. Proceedings by and between the parties before 
the Eegistrar, are to be by summons and order instead 
of warrants. The form of summons (M.) in the 
Schedule annexed may be adopted. 

101. Minutes or memoranda are to be preserved in 
the office of all orders for amendments, enlargements 
of time granted to parties, and other matters which 



30 GEKEBAIi OBDEBS. 

the Eegistrar has authority to hear and determine, 
order, or deal with in a summary way. 

102. All certificates and reports of the Begistrar 
on matters referred to him are to be filed and preserred 
in the office. 

103. Where any decree or order referring any mat- 
ter to the Eegistrar is not brought into the Begistrar's 
office within ten days after the same decree or order 
is pronounced, any party to the cause, or any other 
party interested in the matter of the reference, is to 
be at liberty to bring in the same, or to apply to the 
Vice Warden by motion, as he may be advised, for the 
pinrpose of expediting the prosecution of the said 
decree or order. 

104. Upon the brmging in of every decree or order 
the solicitor or party prosecuting the same is to apply , 
to the Begistrar to appoint a time for the purpose of 
taking into consideration the matter of the said decree 
or order, and is to serve a copy of such appointment 
upon the other solicitors of the respective parties, or 
upon the parties in cases where they have no solicitors. 

105. At the time so appointed, and during the 
reference before him, the Begistrar is to regulate, as 
far as may be, the manner of its execution ; decide 
what parties are entitled to attend future proceedings; 
direct the necessary advertisements, and point out 
whether the matters requiring evidence shall be 
proved by affidavit, or by examination of parties and 
witnesses, or otherwise ; and fix the times at or within 
which parties are to take any proceedings before 
him. 



PBOOEEDIIfOS BEFOBE THE BEOISTBAB. 31 

106. Where some or one, but not all the parties, 
attend the Begistrar at an appointed time, the Eegis- 
trar is to be at liberty, on proof of due notice of the 
appointment, to proceed ex partCy if he thinks it 
expedient so to do. 

107. Where the Begistrar has proceeded ex parte, 
such proceeding shall not be reviewed in the Begis- 
trar's Office, unless the Begistrar, upon a special 
application made to him for that purpose by the party 
who was absent, shall be satisfied that he was not 
guilty of wilful delay or gross negligence ; and then 
only upon prepayment of all costs (if any) occasioned 
by his non-attendance. 

108. Where a proceeding fails by reason of the 
non-attendance of any party or parties, and the Begis- 
trar does not think it expedient to proceed ex parte, 
then the Begistrar is to be at liberty to certify what 
amount of costs (if any) should be paid to the party 
or parties attending by the absent party or parties. 
And upon motion, and, if it shall think fit, ex parte, 
the Vice Warden may make an order for the payment 
of such costs accordingly. 

109. Where the party actually prosecuting a decree 
or order does not proceed before the Begistrar with due 
diligence, the Begistrar is to be at liberty, upon the 
application of any other party interested, either as a 
party to the suit, or as one who has come in and 
established his claim before the Begistrar under the 
decree or order, to commit to him the prosecution of 
the said decree or order, and from thenceforth neither 



32 6EKEBAL 0BDEB9. 

the party making default Dor his solicitor is to be at 
liberty to attend the Eegistrar as the prosecutor of 
the said decree or order. 

110. Every siunmons for attendance before the 
Eegistrar will be considered as peremptory. And in 
case the Eegistrar shall not be attended by the solicitor, 
or a competent person on behalf of the solicitor, of any 
party, the Eegistrar may in such case disallow the 
usual fee for the solicitor's attendance. 

111. Where, by virtue of any decree or order, 
books, papers, or writings are to be produced be- 
fore the Eegistrar for the purposes of such decree 
or order, it will be in the discretion of the Eegis- 
trar to determine what books, papers, or writings 
are to be produced, and when, and for how long they 
are to be left in his office; or, in case he shall not 
deem it necessary that such books, papers, or writings 
should be left or deposited in his office, then he may 
give directions for the inspection thereof by the 
parties requiring the same at such time and in such 
manner as he shall deem expedient. 

112. All parties accounting before the Eegistrar 
are to bring in their accounts in such form as he 
shall direct, and any of the other parties, who shall 
not be satisfied with the accounts so brought in, are 
to be at liberty to examine the accounting party vivd 
voce, or otherwise, as the Eegistrar may direct. 

113. The Eegistrar may at his discretion examine 
any witness vivd voce, and may, in such case cause a 
subpoena to be issued for the attendance of the wit- 



PBOOEEDDfOS SEEOBE THE BEaiSTBAB. 33 

ness, and the evidence upon such vivd voce examina- 
tion is to be taken down by the Begistrar or by his 
assistant or clerk in his presence, and to be preserved 
in the office in order that the same may be used by 
the Court if necessary. 

114. The Eegistrar is to be at liberty to examine 
any creditor, or other person coming in to claim before 
him, either upon interrogatories, or vivd voce, or in both 
modes, or to receive affidavits from him, as the nature 
of the case may appear to the Eegistrar to require ; 
and all affidavits, made and used in some previous 
proceeding in the cause, may be used before the 
^Registrar. 

115. In case any party, witness, creditor, or 
claimant, whom the Eegistrar is authorized to examine 
vivd voce, shall refuse to answer, or shall not satis- 
factorily answer, any question which the Eegistrar 
may lawfully put to him, the Eegistrar is to certify 
such refusal or such unsatisfactory answer, and the 
question or questions asked, to the Court ; and there- 
upon the Vice "Warden, upon motion to be served 
as he may think reasonable and just, may, if he shaU 
think fit, direct an attachment to be issued against 
such party, witness, creditor or claimant, as for a con- 
tempt of Court. 

116. Where property is to be sold under the direc- 
tion of the Eegistrar, he is to be at liberty to order 
the same to be sold at such time and place and by 
such person as he shall think fit, and for the benefit of 
the parties interested. 

c3 



84 OEKEBAL OBDEfiS. 

117. Wheneyer in any proceeding before the Eegis- 
trar the same solicitor is employed for two or more 
parties, the Begistrar may, at his discretion require 
that any of the said parties shall be represented before 
him by a distinct solicitor, and may refuse to proceed 
until such party is so represented. 

118. Where any cause or matter shall become 
abated, or shall be compromised, the plaintiff or his 
solicitor is to certify the &ct to the Begistrar as soon 
as it shall come to his knowledge. 



PBOOSSDiyOS UPOK OBDEBS OE SALE. 

(1). In Purser's SuiU. 

119. In purser's suits, after the order of sale shall 
have become absolute, the Begistrar is to proceed to 
put up the shares and interest of the defendant for 
sale, and after the sale shall have been effected, 
and before completion, the Begistrar is to certify 
the same to the Court, and the defendant is to be at 
liberty to object to such certificate, within five days 
only, after the signing of it, in the manner pro- 
vided by these orders under the head of " Beports by 
the Begistrar ;*' and if no such objection is made, or 
it be overruled or otherwise disposed of, the sale is to 
stand confirmed without further order, and the same 
is to be completed under the direction of the Begis- 
trar, who is to pay over the proceeds according to the 
decree, and, if required by the plaintiff, is to certify 



PBOC^EBIKGS UPOlSr OBDEBS OF SALE. 85 

the balance, if any, due from the defendant ; and upon 
Buch certificate an order, or orders, of course for pay- 
ment thereof either immediately, or within such time 
as he shall think fit, may be made by the Yice 
Warden ; and the plaintiff will be at liberty to sue 
out such process or take such further proceedings in 
satisfaction of the balance as he may be advised. 

(2). In Oreditars' Suits. 

120. In creditors' suits, after the order of sale shall 
have become absolute, the Begistrar is to take posses- 
sion of the saleable effects of the adventurers upon or 
about the mine when required by the party by whom 
the order is prosecuted, and to proceed to ascertain 
the claims of all creditors who are entitled to payment 
out of the produce of the sale, and to sell the property 
conformably to the order or decree. 

121. The claims of such creditors may be proved by 
examination of the claimant or his witnesses ; by affi- 
davit; or by the cost book, cost sheets, or other 
accounts of the mine, where the same shall appear to 
the Eegistrar to be trustworthy. 

122. Before the produce of the sale is distributed 
by the Eegistrar among the creditors who have proved 
their debts, the [Registrar is to report to the Coiirt the 
produce of the sale, and the expenses thereof, and the 
names and claims of all such creditors; and such 
report is to be subject to exception in the manner 
provided by these orders under the head of " Eeports 
by the Eegistrar.'* 



36 GEKEBAL 0RDEE8. 

123. The Eegistrar, if he shall think fit, may make 
interim dividends, notwithstanding the pendency of 
any objection to the report, in all cases in which such 
dividend can safely be paid without affecting the 
interest of the objecting party. 

124. After the report has been, or become, confirmed 
and is filed, the Eegistrar is to distribute the proceeds 
of the sale among the creditors, and (if required by the 
plaintiff or any creditor who may have been admitted 
to proof under the decree or order, but not otherwise) 
is to certify such distribution, and the amount of the 
debts, costs and expenses, if any, remaining unsatisfied. 

125. The costs of proof by creditors are not to be 
allowed unless the proceeds of sale shall be sufficient 
to satisfy all other claims proved under the order of 
sale ; and then only to the extent of the surplus. 

126. A creditor who has commenced an action or suit 
in any Court against the purser, or against any adven- 
turer, for the recovery of the debt which he desires to 
})rove under the order for sale, or of any part thereof, 
is to be admitted to prove the same on such terms 
only, as to the abandonment of the suit or action 
and the costs thereof, as the justice of the case may 
require. 

127. All suits by creditors commenced in the Court 
of the Vice Warden, after an order of sale shall have 
been made, for debts which may be proved under such 
order, may be stayed, upon application to the Vice 
Warden, until further order of the Court. 

128. Where a petitioner or other creditor is also 



PEOCEEDINGS UPON OBDEBS OP BALE. 37 

a co-adventurer in the mine, and liable with his 
co-adventurers to contribute to payment of the debt, 
he is not to be entitled to payment or to a dividend 
under the order of sale until all other creditors, not 
being co-adventurers, have been paid in full. 

129. K, after payment by the Registrar of all 
debts, costs, and expenses in full out of the proceeds 
of the sale, any surplus shall remain in the Regis- 
trar's hands, and there be no other claim or charge 
upon it, application may be made to the Vice Warden 
by motion to cause the same to be paid out of Court 
to the defendant or other person duly authorized by 
the adventurers to receive it on their behalf. 

130. Any plaintiff or creditor, who may apply to the 
Vice Warden under the statute 18 Vict. c. 32. sec. 5. 
for liberty to proceed to enforce payment of the debts 
remaining unsatisfied after sale and distribution by 
the Registrar, is to state in his affidavit, to the best of 
his information and belief, not only the number of 
adventurers or persons liable to contribute to pay- 
ment, but also how many of them are resident \^dthin 
the jurisdiction, and how many elsewhere in England 
or Wales out of the jurisdiction, and is to produce 
the Registrar's certificate of distribution. 

131. The report made by the Registrar, after he- has 
settled the list of contributories, is to be open to excep- 
tion in the manner provided by these orders under the 
head of " Reports by the Registrar :" and when the 
report shall have been or become confirmed and been 
filed, as therein provided, application may be made to 



88 GEITEBAL OBDEAS. 

the Vice "Warden by motion of course to order pay- 
ment in conformity with the said report. 



BEPOBTB BY THE BEOISTBAB. 

132. The present practice of excepting to any 
report or certificate by the Eegistrar is to be discon- 
tinued, and hereafter exceptions are to be taken in 
the following manner only : — 

133. Any party to a suit, or person interested, who 
may be dissatisfied with any decision or direction of 
the Eegistrar in a matter pending before him for 
report or certificate, may appeal therefrom to the Vice 
"Warden by way of motion. 

134. The motion must be for an order nisi to vary 
or discharge the report or certificate, and must state 
the grounds of objection on which the appellant 
intends to rely. 

136. Such motion is to be made within eight days 
after the signing of the report or certificate by the 
Begistrar ; and the order nisi, if granted, must be 
brought on for hearing before the Vice Warden at the 
earliest practicable sittings of the Court after the expi- 
ration of the said eight days, or may be disposed of 
before such sittings by the Vice "Warden on a written 
statement prepared and signed by the Eegistrar, and 
agreed upon by the appellant and parties to the suit, 
and submitted to the Vice Warden with their consent. 

136. If there be no appeal from the report or certi- 



BEPOBTS BY THE BEOISTBAB. 89 

ficate, or if no order nisi be granted, or if the appel- 
lant shall not duly bring on his appeal for hearing 
within the time and in the manner herein provided, or 
the objections of the appellant be overruled, the 
report or certificate is to stand confirmed without any 
further order of the Court, and the same shall then 
be filed and become binding on all parties to the 
proceedings. 

137. The Vice Warden may, upon such motion, 
vary or discharge the report or certificate either wholly 
or in part, or may refer it back to the Eegistrar with 
such directions as he shall think fit ; and after the 
report or certificate so varied or altered, or referred 
back, has been finally settled, and has been signed by 
the Vice "Warden in testimony of his approval, it is 
to stand confirmed without any further order of the 
Court, and is to be then filed and become binding on 
all parties to the proceedings. 

138. The Eegistrar is to be at liberty to make sepa- 
rate or partial reports or certificates, if it shall seem 
to him expedient or necessary, either for the purpose 
of obtaining the opinion, direction or further order of 
the Court, or for any other pmrpose ; and the costs of 
such separate or partial reports or certificates shall be 
in the discretion of the Court. The form of Ee- 
port (L.) in the schedule annexed may be adopted. 

COSTS. 

139. When the same solicitor is employed for two 



40 GENERAL 0BDEB8. 

or more defendants, and separate answers shall have 
been filed, or other proceedings had, by or for two or 
more defendants separately, the Eegistrar is to consi- 
der in the taxation of such solicitor's bill of costs 
either between party and party, or between solicitor 
and client, whether such separate answers or other 
proceedings were necessary or proper ; and if he is of 
opinion that any part of the costs occasioned thereby 
has been unnecessarily or improperly incurred, the 
same is to be disallowed. 

140. Upon the overruling of any plea or demurrer, 
the defendant is to pay to the plaintiff the taxed costs 
occasioned thereby, unless the Court shall make order 
to the contrary. 

141. If the defendant shall, at the hearing of a 
cause, object that the suit is defective for want of 
parties, and it shall be adjourned, or the petition be 
dismissed, on that ground only, the defendant will not 
be allowed the costs of the day, as of course, unless 
the objection shall have been taken in his answer, or 
be apparent on the pleadings. 

142. The Registrar, on all applications to him under 
stat. 18 Yict. c. 32., or under these orders, is to be 
at liberty to direct in the orders made by him thereon 
whether the costs of the application shall be costs in 
the cause, or whether such costs, or any part thereof, 
shall be paid by any of the parties personally ; and in 
the latter case the Eegistrar may, in such orders, either 
fix the sum to be paid for such costs, or tax the same, 
at his discretion ; and the party, to whom such costs 



COSTS. 41 

are directed to be paid, may apply for an order of the 
Court, if necessary, for payment thereof. 

143. In taxing costs, the Eegistrar is not to allow 
to any party costs which do not appear to be necessary 
or proper, and reasonably incurred for the attainment 
of justice, or for defending his rights, or which appear 
to have been occasioned by excessive length of docu- 
ment, carelessness, gross error, or a desire to throw 
costs wantonly on the opposite party. 

144. Upon interlocutory applications where the 
Court awards costs to either party, the Court may by 
the order direct payment of a sum in gross, in lieu of 
taxed costs, and direct by and to whom such simi is to 
be paid. 

145. In cases where a petition is dismissed with 
costs or a motion is refused with costs, or any costs 
are by any general or special order, ordered or decreed 
to be paid, the Registrar may tax such costs without 
any order referring the same for taxation, unless the 
Court shall otherwise direct. 

146. Where one solicitor is employed by a purser to 
sue several adventurers in the same mine or adventure, 
for contribution, and separate petitions shall have been 
filed against them, the Eegistrar shall consider, in the 
taxation of costs, whether separate petitions were ne- 
cessary or proper under the circumstances, and if he is 
of opinion that additional costs have been thereby im- 
properly or unnecessarily incurred, he may disallow or 
reduce them at his discretion. 



42 OEITEBAL OBBEBS. 



COMPITTATIOK OP TIME* 

147. When the time for doing an act is Kmited by 
a certain number of days from or after any date or 
event, the computation shall exclude the day of the 
date or event, and include the last day of such limited 
time ; unless clear da/ys shall be expressed. 

148. When the last day so limited expires on 
Sunday, or any other day when the office is not open, 
that day shall also be excluded from the computation. 

149. The power of the Vice Warden or Begistrar 
to enlarge or abridge the time for doing any act, or 
taking any proceeding, in a cause, is unaffected by 
these orders. 



POWEB TO BECTIPT MISTAKES. 

150. Where the directions contained in these orders 
with respect to procedure or practice or other matters 
shall, through accident, mistake or oversight of parties, 
fail to be followed, the Court reserves the power to 
rectify such mistake or oversight upon payment of 
costs or other terms as may be justified by the merits 
of the case. 

IKTEBPBBTATION. 

161. In these orders the following words are to be 



COMPITTATIOIT or TIME. 43 

interpreted as follows, except where the context 
requires a different construction. 

The word " Beffistrar *' includes any Eegistrar or 
person performing the duties of Eegistrar for the 
Stannaries of Devon. 

Party or person includes a body politic or corpo- 
rate or company competent to sue by its officer, or in 
its registered name, and also a next friend and guardian 
ad litem, 

Pwrser includes such principal agents or officers of 
a mine as are, by custom, competent to sue adven- 
turers for contribution, or liable to be made 
defendants in suits by creditors of adventurers, in the 
Vice Warden's Court. 

*^ Affidavit ^^ includes affirmations. 

Words importing the male sex mdyjAe females. 

Words importing the singular number include the 
pltiral number ; and e converso. 



4& 



SCHEDULE OF FORMS. 
EQUITY SIDE. 



Thb Forms contained in the following Schedule maj be 
used in cases to which they are applicable with such 
alterations as the nature of the suit, the character of the 
parties, or circumstances of the case, may render necessary ; 
but any variance therefrom, not being in matter of sub- 
stance, will not affect their validity or regularity. 



(A.) 

rOBM OF PETITION. 



In the Court of the Vice Warden of the Stannaries. 
Stannaries of Cornwall [or Devon]. 

Between A, B. - - plaintiff*, 
and 
C. D., E. F., &c. - defendants. 

To the Vice Warden of the Stannaries. 

The petition of A. B. of sheweth to his Honor : 

1 . That, [^state the material facts of the case in separate 
paragraphs^ numbered^ concluding tuith the prayer of the 
petition, th-us} : 



46 SCHEDULE or rOBMS. . 

Hie plaintiff pbats : 

That an account may be taken by and under the decree 

of this Court of all dealings, &c., [as the case may be]- 

That the plaintiff may have such further or other relief, &c. 

[Signed by the plaintiff or his solicitor, 
with his residence, address or place 
of business, as required by orders, 
No. 71, 72]. 

(B.) 

SUMMONS TO APPEAB AND ANSWER. 

Stannaries of Cornwall [or Devon], 

The Lord Warden of the Stannaries to C. D. of 
greeting : 

You are hereby summoned and required that within 
days after the service of this summons on you, 
you [and every of you] do cause your appearance to be 
entered to a petition filed against you in the Court of the 
Vice Warden of the Stannaries by A. B. of (a 

copy of which petition is herewith served on you) ; and 
that within fifteen days after such appearance you do also 
file your answer [or answers] to the petition as you may be 
advised, otherwise the matters stated in the petition will be 
taken to be confessed by you, and you will thereupon be 
liable to such decree or order made in your absence as the 
Court may think just. 

And TAKE NOTICE that your appearance to the petition 
will be entered on the written application of yourself or of 
your solicitor, at the Registrar's Office at , and that 

if you fail so to apply within the time hereinbefore specified, 
the plaintiff will be at liberty to enter such appearance for 
you, in your name and at your expence [or for you^ or any 
of youj in the name and at the expence of the party or parties 
respectively, who shaU so fail] ; and you are further informed 



BOHSDiiXE or rOBMB. 47 

tliat if you [or any of you] have any objection to make 
to the jurisdiction of the said Court in this suit, you must 
file your demurrer or plea to the jurisdiction, as you may 
be adyised, within ten days after appearance so entered by 
or for you. 

Dated this day of in the year 

By the Court, (l. s.) 



(C.) 

PETITION IN A PUB8SA*8 SUIT. 

In the Court [as above, C-^*)]* 

Stannaries of Cornwall [or Devon], 

Between A. B. - plaintiff, 
and 
C. D. - defendant. 
To the Vice Warden of the Stannaries. 

The petition of A. B. of sheweth to his Honor : 

1. That a mine called situate at in the 
Stannaries of has been worked and carried on for 

years last past and upwards, and still is so worked 
and carried on by a company of adventurers. 

2. That the said company is constituted on the cost book 
principle, and the said mine or adventure was, during the 
time when the costs and expences hereinafter mentioned 
were incurred, divided and carried on in shares or 
parts. 

3. That the plaintiff is the purser [or principal agent] of 
the mine, and as such sues in behalf of the said company. 

4. That the defendant was from the day of 

until the costs and expences hereinafter mentioned were 
incurred, and still is, possessed of shares or parts 

of and in the said mine or adventure. 



48 SCHEDULE OE EOBMS. 

5, That during all that time the accounts of the said 
company in respect of the mine or adventure have been 
from time to time duly audited and allowed at meetings 
of the adventurers according to the custom of such companies 
within the Stannaries ; and that when the same were lastly 
so audited and allowed, namely, on or about the 

day of the sum of £ appeared and was 

found to be due from the defendant as his proportion of 
and contribution to the costs and expences incurred by 
the said company in working, managing and carrying on the 
mine or adventure, and providing the necessary materials 
and labour for that purpose. 

6. That the defendant has had notice of the amount so 
due from him, and the same has been demanded of him by 
the plaintiff on behalf of the said company of adventurers, 
but he has not paid the same or any part thereof, [or, he 
has paid the sum of only, on account or in part payment 
thereof^, and wholly refuses to pay the same [or the resittue 
thereof]. 

The plaintiff pbats : 

That the defendant may be decreed to pay to the plaintiff, 
for and on behalf of the said company, the sum of 
or such sum as shall, on enquiry, be found to 
be justly due from the defendant. 

That in default of payment of the sum so decreed 
to be paid, the shares and interest of the defend- 
ant in the said mine or adventure, or a competent 
number or part thereof, may be sold under the direc- 
tion of the Court in satisfaction of the debt of the 
defendant and of the costs of this suit. 

That the plaintiff, as such purser, [or principal ag'e?i/], 
may have such further or other relief as the nature of 
the case may require. 

Signature, &c. [as in (A.)] 



SCHEDULE or FOBMS. 49 

(D.) 

PETITION Uf A CBEDITOB's SUIT. 

In the Court of [as above, (A.)]. 

Stannaries of Cornwall [or Devon], 

Between A. B. - plaintiff, 
and 
CD.- - defendant. 
To the Vice Warden of the Stannaries. 

The petition of A. B., of sheweth to his Honor . 

1. That a mine called situate at in the 
Stannaries of has been worked and carried on for 

years last past and upwards, and still is so worked 
and carried on by a company of adventurers. 

2. That the defendant is the purser [or principal agenf] 
of the said company, and is sued by the plaintiff as such 
purser, [or principal agenf] according to custom. 

3. That there is now due to the plaintiff from the said 
company the sum of £ for goods and materials sup- 
plied by him to and for the use of the said mine, and the 
adventurers therein, and at their request ; [or, as the case 
may be, for work and labour of the plaintiff, as a labouring 
ndner, done and bestowed by him in and upon the mine, and 
the vHfrking thereof, at the request of the said adventurers; or, 
for the services of the plaintiff performed in and about the 
fnine^andthe works thereupon, as captain, or agent, or erigineer, 
§fC,, at the request of the said adventurers, ^c] ; which sum, 
although the same has been, before the filing of this 
petition, demanded by the plaintiff of the adventurers, and 
of the defendant as such purser, still remains unpaid. 

4. That the said goods and materials were, according 
to the usage and custom of mining within the Stannaries, 
supplied by the plaintiff as well on the credit of the said 
adventurers in the mine, as of the ores, halvans, machinery. 



50 SOHEDTJLE OP POBMS. 

materials and other effects for the time being, and from time 
to time, belonging to the adventurers, and being upon or 
about the said mine or the works thereon. 

5. That there are upon and about the said mine divers 
ores, halvans, machinery, materials and other effects of the 
adventurers, on which the plaintiff claims to have a lien by 
reason of the premises, and to enforce the same by process 
of this Court according to custom. 

6. That if the defendant, or adventurers, shall not be re- 
strained from removing, or otherwise disposing of, the several 
articles and effects aforesaid by the order and injunction of 
this Court, the plaintiff will be in danger of losing his debt 
and his security for payment thereof. 

The plaintiff PB ATS ; 

That the defendant, as purser and on behalf of the said 
company of adventurers, may be decreed to pay to 
the plaintiff the said sum of £ 

That on default of payment of the isum so decreed to be 
paid, the ores, halvans, machinery, materials and other 
effects belonging to the adventurers, and now being 
upon or about the said mine or the works thereon, or 
a competent part thereof, may be sold under the direc- 
tion of the Court in satisfaction of the said debt and 
the costs of this suit, and of all other debts, if any, of 
the adventurers owing to creditors, who shall come in 
and prove their debts, and shall be legally entitled to 
payment out of the proceeds of such sale. 

That in the meantime the defendant and the adventurers, 
their servants, agents and workmen, may be restrained 
by the order and injunction of his Honor in that behalf 
from selling, removing or otherwise disposing of the 
articles and effects aforesaid, or any part thereof, from 
the mine. 

That the plaintiff may have such further or other relief 
as the nature of the case may require. 

Signature, [as above in (A.) ]. 



SCHEDULE or FOBMB. 51 



(E.) 
DEMURRER TO THE JURISDICTION. 

In the Court of the Vice Warden of the Stannaries. 

Between A. B. - - plaintiff, 

and 

CD. •» - defendant. 

The demurrer of C. D. defendant [or one of the defendants] , 
to the petition of the above-named plaintiff. 

The defendant, protesting that the matters in the petition 
contained are not true ^ therein set forth, demurs thereto, 
and shews for cause of demurrer. That [then state the ground 
of the supposed want of Jurisdiction^ e. g., " That the petition 
does ttot appear to relate to any mine worked for metallic 
minerals within the Stannaries, or to the working thereof or to 
any metals or minerals therein^ or to any adventure or shares, 
or interest in such mine or minerals,* ^c] ; and therefore the 
defendant prays that the petition may be dismissed with 
costs. 

Signature [as above, (A.)]. 



(F.) 

PLEA TO THE JURISDICTION. 

In the Court [as above"]. 

Between A. B. - - plaintiff, 

and 

CD. - - defendant. 

The plea of C D. defendant [or one of the defendants] to 
the petition of the above-named plaintiff. 
D 2 



52 soHiDULZ or roBMS. 

Hie defendant, protesting that the matters in the petition 
contained are not true as therein set forth, for plea thereto 
sajs that [then state the facts relied upon to shew the want 
of jurisdictUm], and, therefore the defendant prays that the 
petition maj be dismissed with costs. 

Signature [as above^ (A.)]* 

[If the demurrer or plea applies only to part of the 
petition, it is to be confined to that part.] 



(G-) 



In the Court [as dbove^* 

Between A. B. - - plaintiff, 

and 

CD. - - defendant. 

The answer of C. D., the defendant [or one of the 
defendants'], to the petition of the above-named plaintiff. 

In answer to the petition the defendant sajs as follows : 

That [here the defendant is to deny such statements as he 
intends to controvert^ and to make such further statements of 
fact as he may rely upon as a defence to the whole or part of the 
petition, e. g., That certain parties referred to ought to he 
made parties to the suit; or, that the plaintiff's claim is 
reduced or extinguished by a set'Off, or counter-claim ; or the 
Statute of Limitations; or a settled account; or other matter 
of defence not amounting to a mere denial of any statement m 
the petition; or he may put in a disclaimer. See Orders, 
Nos. 34, 35]. 

Signi^ture [as above, (A.)]. 



80&XS1TI.1S OF F0BH8. 58 



(H.) 

BBPUGATIOV. 

In the Court las above^. 

Between A. B. - - plaintiff, 

and 
C. D,, E. F., &c., - - defendants. 

The plaintiff hereby joins issue with the defendant, C. D. 
[here name any defendants who may have pleaded or answered^; 
and will hear the cause as upon confession of the petition 
against E. F. [here name any defendant against whom the 
Court has made no decree pro confesso but has directed a 
hearing on the peiUion^ with liberty for the defendant to argue 
the merits as stated in it See Order, 54.] 

Signature \as above, (A.)]. 



(I.) 

SUBPOSNA TO TB8TIFT IK COUBT, OB BEFOBE THE BEGISTBAB* 

The Lord Warden of the Stannaries, 

To greeting : 

You are hereby commanded that, you [and every ofyou'], 
laying all other matters aside, and notwithstanding any 
excuse, personally be and appear before the Vice Warden of 
the Stannaries [or before Esquire^ the Registrar of the 

Court of the said Vice Warden"], at in on the 

day of at o*clock».in the forenoon, to 

testify the trudi according to your knowledge in a certain 
suit now depending in the said Court, wherein A. B. [and 
others, or another, are or] is plaintiff [or plaintiffs'], and 
C. D. [and others, or another, are or] is defendant [or 



5i SCHEDULE 07 TOBHS. 

defendant^'] on the part of the [m case of subpoena 

duces tecum, add, « and that you then and there bring with you 
and produce,*" ^c] And hereof fail not at your peril. 

Dated this day of in the year of 

By the Court, (jl. s.) 

[Not more than four names are to be included in one 
subpcena]. 



(K.) 

SUBPCENA TO TESTIFY BEPOBB A COMMISSIONER. 

The Lord Warden [as above"]. 

To greeting : 

We command you that, laying all other matters aside, and 
notwithstanding any excuse, you personally be and appear 
before E. F., a Commissioner [or Commissioners'] appointed 
by the Vice Warden of the Stannaries for the examination 
of witnesses, at such times and place as the bearer hereof 
shall by notice in writing appoint, to testify the truth 
according to your knowledge in a certain cause depending 
in the Court of the said Vice Warden, wherein A. B. [and 
others, or another, are or] is plaintiff [or plaintiffs], and 
C. D. [and others, or another, are or] is defendant [or 
defendants], on the part of the [in case of subpcena 

duces tecum, add, ^ and that you then and there bring with 
you and produce,** ^c] And hereof fail not at your peril. 

Dated [as above]. 

By the Court, (i^ s.) 



. SCHEDULE OF EOBMS. 55 

(L.) 

SEGISTBAB^S BEPOBT. 

In the Court of the Vice Warden of the Stannaries. 

Stannaries of Cornwall [or Devon"], 

Between A. B. - - plaintiff, 
and 
CD. - - defendant. 
In re - - Mine. 

In pursuance of a decree [or order] of the Court in this 
cause, bearing date the day of and of the 

directions contained therein, I hereby certify to the Court 
as follows : 

That afler the order for sale in this cause had become 
absolute, I proceeded to put up the shares and interest of 
the defendant in the said mine or adventure for sale by 
auction on the of &c. 

That the highest offer, &c. 

That I have taxed the costs, &c. [and so on, in 
paragraphs], 

[The above form is to be varied according to the facts, 
and b not to be taken to restrict the Registrar in the 
case of reports of a special kind, or in cases where fuller 
recitals may be necessary to explain the report]. 

(M.) 

SUMMONS TO ATTEND THE BEGISTSAK. 

In the Court [as above]. 

Stannaries of Cornwall [or Devon], 
A. 

i re - - Mine. 



A. B., 1 

v. > In : 
CD. 3 



Let the plaintiff's [or defendants] solicitor attend at my 
office at [Truro], to-morrow [or on next], at 



56 SCHEDULE OF FOBMS. 

o'clock in the forenoon, to shew cause why, &c. [state the 
subject of the summons or application^ and add a stay of aU 
proceedings in the cause^ when thoug?Ufit,'] Dated, &c. 

Registrar's signature. 

(N.) 

SUMMONS TO APFEAB AND FSODUGB COST-BOOK, &C., BSFOSB 
THE BEGISTSAB UNDEB SECT. 5 OF 18 YICT. C. 32. 

The Lord Warden of the Stannaries to E. F. [the purser 
or other person having the cost-book or aOier documents re- 
quired for production before the Registrar in kis custody or 

control], greeting: 

You are hereby summoned and required personally to 
appear before the Registrar of the Court of the Vice 
Warden of the Stannaries, at his office at in the 

county of on the day of instant, at 

o*clock, in the forenoon, there to be examined 
touching certain matters pending before the Registrar in a 
cause in the said Court, in which A. B. is plaintiff, and 
C. D., and others, are defendants, and you are then and 
there to produce before the Registrar the cost-book, or 
books, lists of shareholders [enumerate the documents 
required], and all other books, papers, and documents 
of the adventurers relating to the mine called or the 

management thereof; and take notice that you will be liable 
to process of attachment if you fail to obey this summons. 

Dated, &c. 

By the Court, (jl. s.) 

[This summons is only to be served within the jurisdiction 
of the Court. It may be confined to the production of 
documents, or to the examination of the party summoned, 
as the Registrar may think fit. A subpoena for service out 
of the jurisdiction for the like purpose may be framed from 
the above form]. 



SOHXStTIiE OF FOBHS. 57 

(O.) 

WRIT OP nSBI FACIAS FOB EXECUTION WITHIN THE 
JURISDICTION. 

The Lord Warden of the Stannaries, to my bailiffs of the 
Stannaries, E.F. and G.H., and to each of them, greeting : 
I command you, and each of you, in the name of Her 
Majesty the Queen, that of the goods and chattels of C. D. 
within the Stannaries of Cornwall or Devon you cause to 
be made the sum of which said sum of money was 

lately in the Court of the Vice Warden of the Stannaries, 
in a cause wherein A.B. is plaintiff and CD. is defendant, 
by a decree [or order] of the said Court bearing date 
decreed [or ordered] to be paid by the said C. D., to the said 
A. B.,* together with certain costs in the said decree [or 
order] mentioned ; and that of the said goods and chattels 
you farther cause to be made the sum of being the sum 
at which the said costs have been taxed, and allowed by the 
Registrar of the said Court,* and that you have that money 
at the office of the said Registrar, at [Truro], immediately 
after the execution hereof, to be paid to the said A. B., in 
pursuance of the said decree [or order] ; and in what 
maimer you have executed this writ make appear to the 
said Court immediately after the execution thereof, and 
have there then this writ. Dated this day of 

By the Court, (l. s.) 
[If the amount of costs is specified in the decree or order, 
then the part between asterisks may be omitted, and the 
amount be added to the first mentioned sum]. 

INDORSEMENT ON THE ABOVE WEIT. 

The within named C. D. is a [calling of the party] and 
resides at in the county of 

[S^^d by A, B, or hie solicitor^ tvith his address, 
^c, as required by Orders 71, 72]. 
Levy together with for this writ, besides 

officer*s/ee8 and incidental expences. 
d3 



58 SCHEBtn^ OF FOBMS. 

(P-) 
WEIT FOE EXECUTION OUT OP THE JUSISDICTION. 

The Lord Warden of the Stannaries, to the High Bailiff of 
the County Court of greeting. 

Whereas in a certain cause on the Equity side of the Court 
of the Vice Warden of the Stannaries, whereof the said Court 
has cognizance, wherein A.B. is plaintiff, and C. D. is defend- 
ant, it was by a decree [or order'] of the said Court, bearing 
date ordered, [here state the order^ or so much of it as 
relates to the payment of money or costs sought to be enforced] ; 
Hnd whereas the said money and costs have not been paid 
by the said to the said and payment thereof 

cannot be [cofiveniently or effectually] enforced, according to 
the exigency of the said decree [or order], by the ordinary 
process of the last mentioned Court within the jurisdiction 
thereof; These are therefore to eequiee and command 
you, in the name of Her Majesty the Queen, and in pursu- 
ance of the statute in that case made and provided, that 
you forthwith cause to be made and levied by distress 
and sale of the goods and chattels of the said 
wheresoever they may be found within the district of the 
said County Court, (except the wearing apparel and bed- 
ding of the said or his family, and the tools and 
implements of his trade, if any, to the value of £5), the 
said sum of [or the said sums of ] [tJie sums 
together must not exceed £50], and also the costs of this 
execution ; and that you also seize and take any money or 
bank notes, (whether of the Bank of England, or of any 
other bank), and any cheques, bills of exchange, promissory 
notes, bonds, specialties, or securities for money, of the 
said which may there be foimd, or such part, or so 
much thereof, as may be sufficient for the satisfying of this 
execution, and the costs of making and executing the same; 
and that in the execution of this writ you proceed in all 



SCHEDULE or F0BM8. 59 

respects as if this had been a warrant of execution issued 
by the County Court of which you are the high bailiff, and 
that you pay what you shall have levied under it to the clerk 
of the said County Court, and make your return of what you 
shall have done under this writ immediately after the execu- 
tion thereof. Dated this day of 

By the Court, (l. s.) 
[To be indorsed as follows] : 



Amount decreed to be paid 
Poundage for issuing the writ . 
Bailiff^s fee for execution and mileage 
Paying money into Court 

Total amount to be levied 



d. 



WABSAST TO THE CLERK OF THE COUNTY COUBT TO BE 
ANNEXED TO THE ABOVE WBIT. 

Court of the Vice Warden of the Stannaries. 
To Clerk of the County Court of 

A. B., f At the request of ^the name and address of 

V. r the party prosecuting the ivrit], and in pursuance o^ 

C. D., J the statute in that case made and provided, that is 
to say, the statute 18 Vict. ch. 32. sections 9 and 10, 1 hereby 
authorize and require you to cause the writ of execution 
hereunto annexed to be executed in due course of law by 
the high bailiff of the above County Court, and to certify 
to me what shall have been done under the same, and to 
remit the amount levied under it, less the costs of makmg 
such levy according to the practice of the County Court, 
to the said [name and address"]^ who prosecutes this 

writ. Dated and sealed with the seal of the said Court 
this day of 

William Michell, Registrar of the Court of 
the said Vice Warden, (l. s.) 
[The above forms of execution will require modification 
to adapt them to the case of a decree for general contribu- 
tion under sect. 5 of 18 Vict. c. 32.] 



60 SCBEStlLS OF FOBMB. 

(Q) 
WEIT OP ATTACHMENT. 

The Lord Warden of the Stannaries to my bailiffs of the 
Stannaries, £. F., and G. H., and to each of them, 
and to all other my bailiffs within the Stannaries, 
greeting: 

I command you, and each of you, in the name of her 
Majesty the Queen, to attach C. D., so as to have him before 
the Vice Warden of the Stannaries immediately after the 
receipt of this writ \oronthe . day of instant']^ 

wheresoever the Vice Warden shall then be sitting, there 
to answer as well touching a contempt which he, as it b 
alleged, has committed against the Court of the said Vice 
Warden, as also such other matters as shall be then and 
there laid to his charge; and, further, to perform and 
abide such order as the said Court shall make in this behalf; 
and hereof fail not ; and bring this writ with you. 

Dated this day of in the year 

By the Court, (l. s.) 

Indortement on the above torii, if for nof^xtyment of money 
or costs : 

" For not paying the sum of £ [or of £ for 

costs']^ ordered to be paid by the within named C. D., to 
A. B., by an order, dated day of made in a 

cause wherein the said A. B. is plaintifi', and the said C. D. 
[and others'\ is [or are"] defendant [or defendants'].^^ 

If the attachment is for breach of any other order^ except 

nonpayment of money, say: 
** For breach of an order, dated &c., made in a cause 
wherein A. B. is plaintiff, and the within named C. D. is de- 
fendant^ in not" [here insert the mandatory part of the order]. 
Signature and address of solicitor or party to 
be added, as in a writ of fieri facias. 



TABLE OF FEES OF COURT AND OFHCERS. 
EQUITY SIDE. 



The Fees of Court, and of the Officers of the Court, here- 
tofore allowed in suits on the Equity side of the Court 
are henceforth to cease, and in lieu thereof the following 
fees are to be taken and allowed, subject, however, to 
abatement or remission at the discretion of the Registrar 
on special grounds, or by order of the Vice Warden. 

£ «. d. 
Issuing summons and filing petition . . 10 

Same where the suit is by a purser for contribu- 
tion, or by a creditor for a debt, not exceeding 
£20, respectively . . . .050 

Each duplicate sununons, if required . .010 

Entering an appearance for one defendant .030 

Same for each defendant in a purser's suit .010 

Filing plea, demurrer, answer, or replication .050 
Filing an affidavit or other document . .010 

Subpoena to testify, whether duces tecum or other- 
wise, not containing more than four persons .020 
Same to testify before the Registrar -or a Comnus- 
sioner . . . . . .010 

Commission to examine witnesses . . .050 

Decree or decretal order . . . . 10 

Same where the suit is by a purser for contribu- 
tion, or by a creditor for a debt, not exceeding 
£20 . • . . . .050 



£ 


s. 


d. 





2 


6 





5 








2 


6 





2 


6 



62 TABLE OP FEES — EQUITY. 

Summons to attend the Vice Warden out of Court 
Interlocutory order, and order of course . 
Same in a purser's or creditor*s suit for a sum 
not exceeding £20 .... 

Duplicate decree or order, if required 
Registrar's report or certificate on reference to 

him, 6d, per folio of 72 words. 
Registrar's certificate to the Superior Courts for 

execution or enforcing decree or order .026 

Other certificates by the Registrar . .010 

Oflice copies, 4d, per folio of 72 words. 
Registrar's summons . . . .020 

Registrar's order . . . . .030 

Advertisements, each . . . .050 

For allowance of a debt by the Registrar on pay- 
ment of a dividend of £3 or more, a fee of 6d. in 
the pound, not to exceed in the whole . .050 

Search . . . . . .010 

General search. Is. per hour, to be compounded at 

the discretion of the Registrar . . .000 

Swearing an affidavit before the Registrar .010 

In the case of a claimant, in a creditor's suit, 
of a sum under £5, this last charge is not to 
be made for swearing the affidavit in proof 
of it. 

Taxation of costs . . . . .030 

Same in a purser's or creditor's suit for a siun not 
exceeding £20 . . . . .010 

Fieri facias for execution within the Stannaries .050 
Same with warrant for execution out of the Stan- 
naries . . . . . .050 

Attachment . • . . .050 

All the Court fees on the trial of issues will be the 
same as on trials in actions by writ at conunon 
law. 



TABLE Olf FEES. 



Bailiit*8 Fbbs. 

£ «. d. 

For executing process of attachment, contempt, 
fieri facias, or other writ of execution, a fee not 
exceeding . . . . . 10 

For the same, every day after the first, when 

necessary . . . . .050 

If the process be executed at a distance beyond 
three miles from the Registrar*s Office, or abode 
of the bailiff, then for every mile beyond such 
three miles there may be allowed, reckoning one 
way only . . .010 

Usheb's Fbes. 

At the hearing of every original petition .026 

For every subsequent day of hearing the same 

petition . . . . .010 

For every motion before the Vice Warden .010 

On the swearing of every witness in Court .010 
On the same in purser's or creditor's suits for sums 

not exceeding £50 . . . .006 



Signed, Edwaed Smibke, Esq., Vice Warden, &c.^ 
10th day of April, aj). 1856. 



TABLE OF GENEBAL EULES AND OEDERS 
AT COMMON LAW. 



SuiTO BY Plaint. 

Plaints, Snmmons, and Sendee thereof 

Parties to Plaints 

Parties under Age 

Payment of Money into Court 

Inspection of Documents 

Discontinuing the Suit 

Defence. — Objection to Jurisdiction 

Special Defences 
Particulars of Demand, or of Set-off 
Security for Costs 
Trial or Hearing, and Judgment 
Execution .... 
Costs .... 

Amendment 
Abatement of Suits 

Proceedings in the nature of Scire Faci^ 
Proceedings by or against Executors, &c. 
Causes remitted from the Coimty Court 
Miscellaneous Eules 



Page 
70 

73 

75 
76 
77 
77 
78 
79 
80 
81 
81 
85 
89 
90 
93 
94 
95 
96 
98 



SCHEDULB OF FoSMB. 

(A.) Plaint . . . . .101 

(B.) Summons . . . . .102 

(C.) Undertaking by next Friend of Infant . 104 

(D.) Order appointing Guardian of Infant . 104 

(E.) Execution out of the jurisdiction . .105 
(F.) Summons to have execution on a judgment after 

the death of a Party . . .108 

(G.) Summons on judgment of Assets in futuro . 110 



Schedule of Court Fees 



112 



be CONTENTS. 






Suits by Weit. 






Page 


Writ of Summons and Service thereof 


114 


Appearance . . . . 


117 


Non-appearance on writs specially indorsed 


118 


Joinder of Parties— Plea in Abatement 


120 


Joinder of causes . . . . 


124 


Parties under age 


125 


Actions by Paupers 


125 


Security for Costs 


125 


Declaration and Pleadings . 


125 


Particulars of Demand and Set-off 


131 


Payment into Court 


132 


Admission of Documents 


133 


Judgment by Default 


134 


Notice of Trial, &c. ... 


135 


Costs of the day . . . , 


136 


Compelling Plaintiff to proceed to trial 


136 


Order for inspection of Property or Documents 


136 


Actions on lost Instruments 


137 


Practice and Evidence on Trials and Inquiries 


187 


Examinations out of Court 


142 


Trial by the Court by consent 




142 


Motions for new Trials 




143 


Judgment 






145 


Execution 






146 


Revival of Judgments 






149 


Discontinuance 






151 


Abatement of Actions 






151 


Amendment 






155 


Demurrer 






156 


Motions and Rules 






157 


Affidavits . 






159 


Stay of Proceedings 






160 


Taxation of Costs, and setting off Costs, or Damag 


es 160 


Service of Rules 




, , 


161 



CONTENTS. 



67 



Proceedings in Ejectment 
Claim of Injunction 
Miscellaneous Rules 
Interpretation of the Rules 



Page 
163 
170 
172 
173 



SCHEDUJUB OF FoBMS. 

(A.) Writ of Summons . . . .175 

(B.) Special indorsement on a writ . . 176 

(C.) Judgment by default on a writ so indorsed . 177 

(D.) Declaration and Pleadings . . . ib. 

(E.) Notice to admit documents . . .183 

(F.) Judgments . . . . .185 

(G.) Writs of Execution . . .186 

(H.) Rule or summons to revive a Judgment . 190 

(I.) Writ of Revivor . . . . ib. 

(K.) Writ of Ejectment . . . ,191 

(L.) Judgment in Ejectment for Non-appearance . 192 

(M.) Issue in Ejectment . . . .193 

(N.) Entry of verdict in Ejectment . . ib» 

(0.) Judgment in Ejectment on Discontinuance . 194 

(P.) Same for not proceeding to Trial . . ib. 

(Q.) Same on Confession . . . .195 

(R.) Execution in Ejectment . . . ib 

(S.) Indorsement claiming an Injunction . 198 

Schedule of Coobt Fees . . 199 



RuiiES, OeDEBS, and REGUIiATIONS FOB THE CON- 
DUCT or Business in the Office of the 
Registbab, and fob otheb mattebs appli- 
cable to the Coubt oeneballt . . 203 



GENERAL RULES AND ORDERS OF 
THE COURT. 

COMMON LAW SIDE. 



The Vice Warden of the Stannaries, with the consent 
and approval of the Honourable Sir William Erie, 
Knight, one of her Majesty's Justices assigned to hold 
Pleas before the Queen herself, and by authority of an 
act passed in the 18th year of the reign of her present 
Majesty, entitled " An Act to amend and extend the 
jurisdiction of the Stannary Court," and in pursuance 
and execution of all other powers enabling him in that 
behalf, doth hereby Oedee and Dieect that upon and 
after the several days hereinafter specified, in this 
present year of our Lord 1866, all existing written 
general rules and orders of the Court on the common 
side thereof shall cease and be no longer in force, 
except so far as may be necessary to give effect to any 
step or proceeding in a cause theretofore taken ; and 
that upon and after the said days respectively the 
following rules and orders, with the schedules annexed 
thereto respectively, shall be the general rules and 
orders of the said Court on the common law side 
thereof. 



70 



OENEBAL ORDERS. 



I. AS TO SUITS COMMENCED BY PLAINT. 

The following rules and orders shall come into force 
on the first day of June instant, except as aforesaid ; 
(ante, p. 69) ; that is to say : — 

PLAINT, SUMMONS AND SERTIOE THEREOF*. 

1. Suits on the common law side of the Court, 
prosecuted in a summary way by plaint under the 
16th section of the Act 18 Vict. c. 32., shall be 
commenced by entering a plaint in writing, in which 
are to be stated the name and address of the plaintiff, 
the name and the address, if known, of the defendant, 
and the cause of action with the amount of the debt, 
demand, or damages sought to be recovered against the 
defendant. If the plaintiff prosecutes by attorney 
the attorney's name and address are to be subscribed 
to the plaint. 

The plaint may be in the form (A.) in the Schedule 
of Forms annexed. 

2. The plaint is to be taken to the Secretary of the 
Vice "Warden, who will deliver to the plaintiff a sum- 
mons requiring the defendant to appear and answer 
the plaint, and notifying to him the place and day of 
the sittings of the Court at which he must be in 
attendance in person or by his attorney, with his wit- 
nesses. The summons is to be in the form (B.) in the 
schedule annexed, and certain notices specified in the 



PLAINT, SUMMOirS, AlfD SEETTCE THEBEOT. 71 

schedule are to be subjoined thereto. It must be so 
served as to leave ten clear days, at least, before the 
day appointed for trial. 

3. The plaint and summons are to be taken by the 
plaintiff or his attorney to the Eegistrar, who will seal 
the summons and record the plaint. 

4. The summons, with a copy of the plaint, is to be 
served on the defendant in person, wherever this 
may be practicable, within the jurisdiction of the 
Court, or if^ after due endeavours this cannot be 
effected, then on his wife, servant, or other member 
of his family apparently of an age of discretion, 
at his dwelling house or his place of business : — If 
the defendant be working underground in any mine, 
it may be served on the captain or other person on 
the mine superintending the works ; — and in the above 
cases of service other than personal, it shall be deemed 
sufficient if it shall appear upon the oath of the bailiff, 
or other proof, that due endeavours were made to 
effect personal service, that the object of the summons 
was explained to the person served, and also that there 
is reasonable ground for presuming that the plaint and 
summons must have come to the knowledge of the 
defendant in time to enable him to appear, or to give 
instructions to appear, and answer. 

The service of the summons is to be by shewing the 
original simimons and leaving a copy of it and of the 
plaint. 

5. Where the bailiff or person serving is prevented 
from effecting personal service on the defendant in 
either of the modes prescribed by Eule 4, either by 



72 OEITEBAJi OBD£BS — PLAIITTS. 

threats or violence on the part of the defendant, or 
by his wilfully keeping house, or keeping out of the 
way, or absconding to avoid service, the service shall 
be good if the process be openly left as near to him as 
possible in the £u*st case, or be affixed to the door of 
his place of abode or of business in the other cases. 

6. As soon as conveniently may be after service, 
the bailiff, who serves it, is to indorse on the original 
summons the particulars as to when, where, how and 
on whom he served it. 

7. The service must be within one calendar month 
after the date of the summons, after which it must be 
renewed if the plaintiff intends to proceed with the 
suit. 

8. The suit wOl be taken to have been commenced 
on the day of entering the plaint with the Registrar. 

9. With respect to the particulars contained in the 
plaint: — The plaint must allege, or shew on the face of 
it, that the cause of action is one of which the Court 
has cognizance either by reason of the person or 
persons suing or sued, or by reason of the subject 
matter of the suit; and must also shew in which of the 
two Stann^es it arose. 

10. The word " mine" and the addition of " miner" 
used in any plaint wOl be presumed and taken to mean, 
respectively, a metaUic mine within the jurisdiction of 
the Court, and a miner in some such mine or work 
within the said jurisdiction and having privilege to 
sue or be sued in the Court of the Vice Warden.* 

11. J£ the cause of action is one which arose in the 

* 18 Vict c 32, s. 2. 



PLAiKT, smncoirs, jlsd sebtice thebeof. 73 

Stiaimaries of Devon, it must appear on the plaint to 
relate to mines, or some of the other matters specified 
in sect. 32 of the Act 18 Vict. c. 32. 

12. AH &cts, dates, figures, and sums are to be 
stated truism the plaint, so far as the same are known 
to the plaintiff or can be readily ascertained ; and are 
to be stated with reasonable particularity so as to 
dispense with the necessity of further particulars, 
except under special circumstances. 

13. Different causes of action by and between the 
same parties in the same rights, for debts or damages 
not exceeding in the whole the amount recoverable in 
one plaint, may be joined in the same plaint, subject, 
however, to such directions as the Vice Warden shall 
think fit to make as to the separate trial of them. 

14. A cause of action shall not be divided for the 
purpose of recovering the whole demand in several 
suits ; but a plaintiff may, by expressly abandoning 
the excess of his demand beyond 50^. either in and by 
his plaint, or by a written declaration delivered to the 
defendant or filed in the of&ce before or at the trial, 
sue for and recover the residue. 



FABTIES TO PLMKTS. 

15. Claims by a husband in his own right may be 
joined with claims in right of his wife, in which his 
wife must be joined as plaintiff. 



74 GEKEBAL OBDEHS — ^PLAnTTS. 

] 6. Personal representatiyes may be parties to suits, 
as such, by plaint, if in other respects privileged to sue 
or be sued in the Court of the Vice Warden. 

17. An infant under the age of twenty-one years 
may sue by plaint for wages, piece-work, or work as a 
servant, as if he were of full age. 

18. The defendant may before trial require that any 
person, who ought to be joined as a plaintiff, should 
be so joined, and for that purpose the defendant must 
within four days after service of the plaint deliver to 
the plaintiff a written notice requiring that the persons, 
omitted as plaintiffs, be made co-plaintiffs ; and there- 
upon the plaintiff may amend accordingly without 
payment of costs to the defendant ; but if he shall 
refuse or neglect so to amend before trial, such 
amendment shall not be made, at his own instance, at 
the trial. 

19. AVhere there is a cause of action against two or 
more persons jointly answerable to the plaintiff^ it 
shall be sufficient if either or any of such persons be 
sued or served with process, and there may be judgment 
and execution against the persons served notwithstand- 
ing that the others so jointly liable may not have been 
sued or served, or may not be within the jurisdiction 
of the Court ; and the persons sued may avail them- 
selves of a set-off, or other defence, as if all had been 
joined. 

As to MisJonmEB and KoirjonnDiB, see further, 

pOBt, title AMEKDMEIfT. 



¥ABTI£8 US DEB AGE. 75 



PABTIES UKDEB AOE. 



20. Where an in£uit applies to enter a plaint for 
any cause of action, other than for wages or piece- 
work, or for work as a servant, he must attend with a 
next friend at the office of the Eegistrar at the time of 
entering the plaint, and no plaint shall be entered 
until the next friend has undertaken, in the form (C.) 
in the schedule annexed, to be responsible for costs ; 
and on entering into such undertaking, he shall be 
liable in the same manner and to the same extent as 
if he were a party in an ordinary suit, and the cause 
shall proceed in the name of the infant by such next 
friend; and such undertaking shall be filed by the 
Begistrar, and no order of the Court shall be necessary 
for the appointment of such next friend. K the 
plaintiff &il in, or discontinue, his suit, and shall not 
pay the amount of costs awarded by the Court to be 
paid by him to the defendant, such proceedings may 
be taken for the recovery of such amount from the 
next friend as for the recovery of any debt or damage 
ordered to be paid by the same Court. 

21. Where an in&nt defendant appears at the 
hearing, and names a person willing to act as guardian, 
and who then assents so to act, such person shall be 
appointed guardian accordingly ; but if the defendant 
does not name a guardian, the Court may appoint any 
person present willing to become guardian, or, in default 
of such person, the Court may appoint an officer of the 

E 2 



76 aSKEBAL 0SDSB8 — ^PLAIKTS. 

Court to be guardian, and the cause shall proceed 
thereupon as if another person had been appointed 
guardian ; and the name of the guardian appointed 
shall be entered in the forms (D.) in the schedule, 
and no responsibility shall attach to the person so 
appointed guardian. 



PATMEKT OP MOlfTET DTTO COimT. 

22. Where the defendant is desirous of paying the 
whole, or any part of the demand in full satisfection of 
the whole, into Court, it must be so paid to the Begis- 
trar four clear days at least before the day appointed 
for trial of plaints, with costs to the time of payment 
to be fixed by the Eegistrar, and the court fee; and the 
defendant must also give or cause to be given to the 
plaintiff notice thereof within twenty-four hours after 
such payment ; but where money is so paid in less than 
such four clear days, the defendant must also pay such 
costs, if any, as the plaintiff may have incurred in 
preparing for trial before the notice of such payment 
was received by him. 

23. If the plaintiff elects to accept, in full satisfac- 
tion of his claim, such money as shall have been paid 
into Court by the defendant, and shall send to the 
defendant, or leave at his dwelling or place of business 
a written notice, stating such acceptance, two days, or 
within such reasonable time as the notice of payment 
has permitted, before the day of trial, the %;tion shall 



PATMBITT OF MONET INTO COUET. 77 

abate, and the plamtiff shall not be liable to any 
further costs. 



rNrSPECTION OP DOCrMENTS. 

24. Where in any action either party is desirous 
of inspecting any contract, deed, memorandum, or 
other written instrument, the inspection of which 
shall appear to be material to the maintenance of his 
case, and which is in the possession, power, or control 
of his opponent, and he shall give reasonable notice 
to his opponent that he desires to inspect such instru- 
ment, if the opponent shall neglect or refuse to appoint 
a time and place for inspection, or to allow the party 
applicant or his attorney to inspect it within two 
days after receiving such notice, the Vice Warden or 
Eegistrar may, in his discretion, order such inspec- 
tion, and, if need be, enforce such order by staying 
proceedings until it be allowed, and by making such 
order as to costs as he shall think fit. 

DISCONTINriNG THE SUIT. 

25. If the plaintiff be desirous of not proceeding 
in the cause, he may discontinue on giving notice 
thereof to the defendant, and paying, or offering to 
pay, taxed costs, and paying the same accordingly 
when taxed. If not paid forthwith after taxation, 
the defendant will be entitled to appear and claim full 
costs as in case of nonsuit. 



78 GENEBAL OBDEBS — FLAIim, 



DEFEirCB — OBJECTIOK TO JrBlSMCTIOK. 

26. If the defendant intends to object to the juris- 
diction of the Court in the particular suit, he must 
file a demurrer or plea to the jurisdiction at the 
Eegistrar's Office within ten days after service of the 
copy of the plaint on the defendant, that is to say, on 
or before the tenth day after the day of such service ; 
and he must also forthwith give, or cause to be given, 
to the plaintiff notice of the filing of such demurrer 
or plea. 

27. A demurrer to the jurisdiction may be in the 
following form, or to the like effect, viz. : 

A. B. -^ The defendant objects that it does not 
V. > appear by the plaint that the Court has any 
C. D. J jurisdiction in this cause. 

28. A plea to the jurisdiction may be in the follow- 
ing form, or to the like effect, viz. : 

, A. B. -| The defendant denies that the Court has 
V. > any jurisdiction in this cause, for that [here 
CD. J state the groimds of objection ; for example : 
" that neither the plaintiff^ nor defendant are miners," 
or "that the plaintiff* (or the defendant) is not a 
"miner, and that the cause of auction did not a/rise 
" toithin the Stannaries, or in any way relate thereto,^* 

29. If the defect of jurisdiction, or any other defect 
in the plaint objected to by the defendant, can, con- 
sistently with the facts of the case, be remedied by 
amendment, the plaintiff may forthwith apply to the 



OBJitonoir TO jubibdiotiok. 79 

[Registrar to amend the plaint, or the Court will 
amend at the hearing or trial, and the costs of amend- 
ment shall, in either case, be in the discretion of the 
Court or Eegistrar, as the case may be. 

30. If the objection to the jurisdiction be over- 
roled, or the plea disproved at the hearing or trial, 
the defendant must be prepared to try the cause on 
the merits immediately, unless the Court shall think 
fit to adjourn the trial to another day, or give further 
time to the defendant on suf&cient cause shewn and 
an reasonable terms. 

SPECIAL DE7EVCES. 

31. A tender will be no defence, unless the money 
tendered be paid into Court at or before the trial. 

32. If the plaintiff sues as executor or adminis- 
trator, or the defendant is sued in that character, the 
defendant will not be allowed at the trial to dispute 
such character unless he shall have given, or caused 
to be given, to the plaintiff a notice in writing of his 
intention to dispute it four clear days at least before 
the day appointed for appearance. 

33. If the plaintiff sues as assignee of a bankrupt 
or insolvent, or if the plaintiff sues or the defendant 
is sued as the public officer of a company or body 
qualified to sue or be sued by such officer, the defend- 
ant will not be allowed at the trial to dispute such 
character, unless he shall have given, or caused to be 
given, the like notice as in the last rule is required. 



so GEKZBAL OSDEBS — PL^IirTS. 

34. The defendant will not be allowed to gire 
evidence of a set-off at the trial, unless he shall have 
given like notice thereof to the plaintiff as in the above 
rules is required, stating the nature, amount, and time 
of accruing thereof, as in the case of a plaint. 

35. The notice required by Eules No. 22, 23, 
24, 25, 26, 32, 33, 34, may be given by letter, post 
paid, sent to the plaintiff or defendant (as the case 
may be) by the address specified in the plaint, or 
other known and sufficient address, in all cases where 
such address is at a place within a post town or within 
the ordinary delivery of such a town. 

36. All other defences, except those above specified, 
may be set up and given in evidence at the trial with- 
out any plea or notice thereof, unless the Vice Warden 
shall otherwise order, subject however to the power of 
adjourning the trial of the cause at his discretion in case 
of surprise, &aud, misapprehension, mistake as to notice 
required for special defences, or other sufficient cause. 

PARTICULABS OF DEMAND, OE OP SBT-OPF. 

37. Where the plaint alleges the cause of action in 
words so general as to give no reasonable or suffi- 
cient notice to the defendant to enable him to prepare 
his defence, the defendant may obtain from the Regis- 
trar a summons for a further particular which may 
be ordered accordingly by him if he shall think the 
application reasonable ; and the costs of application and 
stay of proceedings shall be at his discretion ; and the 



PABTICX7LABS OF DEMAITD, OB OF SET-OFF. 81 

like order may be made where the notice of set-off is 
defective on the same grounds. But no objection 
on the above grounds shall be admitted at the trial 
unless the Vice "Warden shall, upon the evidence, 
think it necessary for the purposes of justice to post- 
pone the trial or think fit to reject evidence of the 
set-off by reason of such defect in the plaint or notice 
of set-off. 



SECrBITT FOB COSTS. 

38. If the plaintiff, or all the plaintiffs, reside out 
of the jurisdiction, the defendant may apply to the 
Registrar for an order on the plaintiff or plaintiffs 
to give security for costs to the satisfaction of the 
Begistrar if he thinks fit, and in the mean time to stay 
proceedings. 

TBIAL OB HEABING, AND JUDGMENT. 

39. The parties in any cause standing for trial, 
may by consent previously given in writing, signed 
by them or their attomies, as the case may be, or by 
consent in open Court when the cause is called on, 
leave the decision of any issue of fact or assess 
ment of damages to the Court; and the finding of 
the Vice "Warden upon such issue shall be of the 
same effect as a verdict, and be followed by like 
judgment and proceeding as on the verdict of a 
jury, save only that it shall not be questioned on 

B 3 



82 0ENEBAL ORDEBS — PLAHfTS. 

the ground of its being against the weight of evi- 
dence. 

40. No notice of trial shall be necessary other than 
the notice contained in the summons, unless the Vice 
Warden shall otherwise order; and no entry of 
appearance shall be necessary other than appearance 
in person or by attorney on the day and time named 
in the smnmons. 

41. On the day before the first day appointed for 
trial of plaints, the Eegistrar is to prepare for the 
Court a list of all plaints standing over from the last 
sittings, or entered since the last sittings, and not dis- 
continued, or known by the Eegistrar to be settled or 
otherwise disposed of, arranging them in the order of 
their dates of entry. 

42. The parties and their witnesses must be in 
attendance at the sitting of the Court at the day and 
time appointed for the trial of plaints, and specified in 
the summons, whensoever their respective causes may 
be called on. 

43. J£ neither party shall appear when the cause is 
called on, it shall be struck out. 

44. If the defendant appears, but the plaintiff does 
not appear, judgment of nonsuit will be given with 
costs to be paid by the plaintiff. 

45. If the plaintiff appears, but the defendant, 
being duly summoned, does not appear in person or 
otherwise, to defend the suit, the cause shall, on satis- 
factory proof of regular service of the summons and 
of a copy of the plaint, be heard ex parte in the 
absence of the defendant, who shall be bound by the 



TBIAL OB HEABIN&, AKD JUDGMENT. 83 

verdict as if he had been present; and where the 
plaint is for payment of a debt certain or liqui- 
dated demand exceeding 201,, claimed in and by such 
plaint to be due to the plaintiff on some instrument 
or contract in writing to which the defendant is 
therein alleged, or shewn, to be a party, and personal 
service is satisfactorily proved, there shall be judg- 
ment for the plaintiff by default to the amount 
i^laimed, without further inquiry or proof. 

46. The general rules of evidence and of practice on 
the trial of issues in actions commenced by writ of siun- 
mons are to be observed in and applied to the trial of 
actions by plaint in cases where the present rules do 
not otherwise provide; and examinations or deposi- 
tions taken and sworn out of Court by direction of 
the Vice "Warden shall, under like circumstances, be 
admissible. 

47. The power of the Court to adjourn the trial of 
a cause, if, and on such terms as, it shall think fit, 
may be exercised as on trials in actions commenced 
by writ of summons. 

48. K upon the cause being called on, and before 
the jury are sworn, the parties shall agree on the state 
of facts, the Court may proceed to give judgment 
without the intervention of a jury. 

49. If the defendant in person, or by a writing 
indorsed on the plaint or summons and signed by him, 
and proved by some witness other than the plaintiff or 
the attorney of the plaintiff, shall confess the amount 
of the debt or damages claimed in the plaint, judg- 



84 eENEBAL OBDEBS — PLAIKTS. 

ment may be forthwith signed against the defendant 
for the amount so confessed and for the taxed costs 
without the intervention of a jury; and such judg- 
ment may be signed by the Registrar on such con- 
fession and proof by oath before him at any time 
after the plaint shall have been entered, without fur- 
ther order of the Vice Warden ; or judgment may be 
given upon such confession and proof before the Court 
at the sittings. If the amount confessed be part only 
of the debt or damages claimed, and the plaintiff 
consents to accept such part in full of his demand, 
judgment may in like manner be signed for such 
amount and costs. 

50. After trial and verdict, judgment may be 
given and signed forthwith, and immediate execution 
ordered ; but unless such immediate execution be 
ordered, execution shall not issue until the end of two 
days after the day of trial, during which time applica- 
tion may be made to the Vice Warden for a new 
trial or nonsuit, or for setting aside the verdict, or 
entering a verdict, or to arrest the judgment ; and a 
rule nisi granted thereon shall not operate as a stay 
of proceedings unless the Vice Warden shall otherwise 
order. 

51. The minute of judgment made by the Begistrar 
shall be a sufficient signing of judgment to warrant 
execution. 

52. When a new trial is granted, the Vice Warden 
may, in his discretion, make it a condition of granting 
such new trial, that the party obtaining the rule do. 



TBllL OB HSABIKG, AKD JUDGMENT. 85 

consent to try on some day at the same sittings before 
a jury of persons qualified to serve as jurors in the 
Vice Warden's Court (subject, nevertheless, to chal- 
lenge, and to the provisions of 6 & 7 Wm. 4. c. 106. 
for completing the requisite number of jurors), although 
such persons may not have been among the jurors 
summoned by the Eegistrar, before the first day of 
sittings. 

53. If the judgment of the Court is generally for 
recovery of money or costs or both, the same shall 
thereby be and become payable without further 
notice or demand. But the Court may make an 
order for payment of the monies so recovered in 
a certain manner, or at a certain time, or by certain 
instalments ; and upon any default of payment in 
pursuance of such special order, the whole of the 
monies recovered by the judgment, and rem ainin g 
unpaid, shall be and become payable immediately 
without further order or demand; but such monies 
shall not be made payable by instalments without the 
consent of the plaintifi*, where the debt or damages 
recovered exceed 201. 

EXECTITION. 

54. When the judgment is general, a writ or writs 
of execution by Jleri facias, to be executed within 
the jurisdiction, may be sued out and issued as of 
course. 

55. When there is an order for payment, specifying 



B6 OEmSEAL OEDEES — PLAIISTTS. ' 

a particular manner or time of payment, or payment 
by instalments, no writ of execution shall be issued 
until default of payment in pursuance of such order ; 
and upon any such default, to be proved by affidavit 
to the satisfaction of the Vice Warden or Eegistrar, 
execution by fieri facias may then issue, as of course, 
for payment of the whole of the monies recovered 
by the judgment and remaining unpaid. 

66. If there be cross judgments between the same 
parties, execution shall be issued only for the differ- 
ence between the sums recovered, and by the party 
entitled to such difference ; and upon satisfaction of 
such difference, if any, satisfaction of both judgments 
shall be entered up. 

57. Writs of fieri facicta for execution, whether 
against the goods of the defendant or of the plaintiff, 
or the claimant in interpleader, may be in the same 
form, mutatis mutandis^ as writs of fieri facias issued 
in proceedings by writ of summons in this Court, with 
like indorsements, but without the clause for levying 
interest. 

58. If no goods and chattels, or no sufficient goods 
and chattels, of the party against whom the writ of 
fieri facias issues, can be found within the jurisdiction 
of the Court to satisfy the monies directed to be 
levied under it, and the Vice Warden, or the Eegistrar 
when the Court is not sitting, be satisfied thereof either 
by a return of nulla bona, or of an insufficient levy 
by the bailiff under such fieri facias, or by proof by 
affidavit or otherwise that payment cannot be conve- 



EXECUTION. 87 

niently or effectually enforced by the ordinary process 
of the Court within the jurisdiction thereof, then a 
writ or writs of execution, to be executed by the high 
bailiff of any County Court out of the jurisdiction, 
may be sued out without special leave or order of the 
Court for that purpose. The writ and warrant to the 
clerk of the County Court may be in the forms (E.) in 
the Schedule annexed. 

59. When the sum recovered exceeds 20L exclusive 
of costs, and the Vice Warden, or the Registrar when 
the Court is not sitting, shaU be satisfied by such 
return or proof as in the last rule is specified, that the 
party against whom the writ issued has no goods and 
chattels, or no sufiGlcient goods and chattels, that can 
be found within the jurisdiction to satisfy the monies 
to be levied, then a writ of capias ad satisfaciendum 
may be issued, in the form of the like writ issued in 
proceedings by writ of summons in this Court, and 
with like indorsements, but without the clause for 
levying interest. 

60. If the monies recovered be in respect of a debt 
or pecuniary liability,* and it shall at any time appear 
to the Vice Warden that the defendant, in incurring 
such debt or liability, has obtained credit under false 
pretences, or with a fraudulent intent, or has wilfully 
coniaracted such debt or liability without reasonable 
assurance of being able to discharge the same, or shall 
have made or caused to be made, any gift, delivery, or 

* See Act 7 & 8 Vict. c. ^6. s. 59. 



88 OENEEAL OBDEBS — PLAINTS. 

transfer of personal property, or removed or concealed 
the same with intent to defraud any creditor or' 
creditors, then the Vice Warden may, if he thinks fit, 
order that the defendant be taken and detained in 
execution upon the judgment for a time not exceeding 
six calendar months, although the smn recovered by 
the judgment be less than 20Z., or do not exceed 20^., 
exclusive of costs, and whether execution shall have 
issued against the goods and chattels of the defendant 
or not. 

61. Writs of execution shall bear date on the day 
of issuing, and shall continue in force for one year 
and no longer. 

62. All writs of execution shall be returnable im- 
mediately afber execution thereof. 

63. Writs of execution may issue on a judgrwent 
less thnn fotir years old, without special leave or order 
of the Vice Warden for that purpose, unless such leave 
or order be required by the practice of the Court on 
grounds other than lapse of time. If the judgment 
be four years old or more, a special application for 
an order must be made. 

64. Payment of, or tender of, the amount indorsed 
on the writ of execution to the party prosecuting the 
writ, or his attorney, or to the bailiff, before actual 
sale of the goods seized, or before delivery of the body 
into the custody of the gaoler, shall entitle the party 
against whom the writ issued to immediate release and 
discharge of his goods and person. 

65. Upon payment to the bailiff, he shall, within 



BIEOUTIOW. 89 

twenty-four hours afterwards, pay over the money 
leceiyed to the party prosecuting the writ, or to the 
Eegistrar for his use. 

66. The costs of unexecuted warrants will not be 
allowed as against the opposite party, unless the Vice 
Warden shall otherwise order. 



COSTS. 

67. AJl costs in the suit, not herein otherwise pro- 
vided for, may be apportioned between the parties in 
such manner as the Court shall think fit, and in 
default of special direction shall abide the event of 
the suit, or the finding and judgment on each issue, if 
there be several issues, as in the case of actions by 
writ ; and it shall not be necessary that the costs be 
taxed while the Court is sitting. 

68. Notice of taxation shall not be necessary when 
the defendant has not appeared ; and where the de- 
fendant has appeared, and immediate execution is 
ordered, notice in Court at the close of the trial shall 
be sufiGlcient. 

69. Execution may issue for costs alone in like 
manner as for debt or damages recovered. 

70. Where the plaintiff shall be proved, to the satis- 
&ction of the Eegistrar, to be a pauper, in the legal 
import of the word, the Eegistrar shall remit the Court 
fees, and may disallow or reduce the fees of attomies 
OP advocates at his discretion. But if the suit be 



90 GEl^EBAL OBDEBS — PLAIKTS. 

vexatious, or be vexatiously conducted, or the plaintiff 
be guilty of gross neglect or misconduct in the pro- 
ceedings, no such exemption or favour shall be 
allowed. 

71. If the plaintiff enters a fresh plaint after non- 
suit for the same cause of action, proceedings may be 
stayed tiU payment of the costs in the first suit. 



AMENDMENT. 

72. No misnomer or inaccurate description of any 
person or place in a plaint or summons shall vitiate 
it, if the person or place be so described as to be 
commonly known. 

73. Where a party sues or is sued in a representa- 
tive character, who ought to have sued or been sued in 
his own right, or where a party sues, or is sued, in his 
own right, who should have sued or been sued in a 
representative character, the Vice Warden at the trial, 
or the Eegistrar before trial, may, at the instance of 
either party, and on such terms as he shall think fit, 
amend the proceedings accordingly, and the case shall 
then proceed in all respects, as to set-off and other 
matters, as if the proper description of the party had 
been given in the summons. 

74. Where the name or description of a plaintiff' ia 
the plaint or siunmons is insufficient or incorrect, — 
or where the name or description of a defendant in 
the plaint or summons is insufficient or incorrect^ 



UMnimMENT. 91 

and the defendant appears and objects to the de- 
scription, — it may be amended on such terms as 
shall be thought fit, and the cause may proceed, 
as to set-off and other matters, as if the name or 
description had been originally such as it appears 
after the amendment has been made ; but if no such 
objection is taken, the cause may proceed, and in the 
judgment and all subsequent proceedings founded 
thereon the plaintiff or defendant may be described in 
the same manner. 

75. In actions by or against a husband, if the wife 
is improperly joined or omitted as a party, the plaint 
and summons may at the hearing or before the trial be 
amended at the instance of either party on such terms 
as shall be thought fit, and the cause may proceed as 
to set-off and other matters, as if the proper person 
had been made party to the suit. 

76. Where it appears, at the trial, that a greater 
number of persons have been made plaintiffs than by 
law required, the name of any person improperly 
joined may, at the instance of either party, be struck 
out on such terms as shall be thought fit, and the 
cause may proceed, as to set-off and other matters, as 
if the proper party or parties only had been made 
plaintiffs. 

77. Where it appears at the trial that a less number 
of persons have been made plaintiffs than by law 
required, the name of the omitted .person may, at the 
instance of either party, be added on such terms as 
the Court shall think fit, and the cause shall proceed 
IM9 if the proper persons had been originaDy made 



92 GEITERAL OBDBBB — FLAIKTS. 

parties, provided that the person whose name is so 
added shall assent thereto, either at the trial or some 
adjournment thereof, personally or by writing signed 
by him or his attorney. 

78. Where it appears at the trial that more persons 
have been made defenda/nU than by law required, the 
name of the party improperly joined may, at the 
instance of either party, be struck out by order of the 
Court on such terms as shall be thought fit, and the 
cause shall proceed as if the remaining party or parties 
only had been sued. 

79. Where several persons are made defendants, and 
all of them have not been served, the name or names 
of the defendant or defendants who have not been 
served, may, at the instance of either party, be struck 
out on such terms as shall be thought fit, and the 
cause shall then proceed in all respects, as to set-off 
and other matters, as if all the defendants had been 
served. 

80. Where at the trial a variance appears between 
the evidence and the matters stated in any of the 
proceedings in the Court, such proceedings may, at 
the discretion of the Vice Warden, and on such terms 
as he shall think fit, be amended ; and all powers of 
amendment which are now, or may hereafter be, 
lawfully exercised by the Vice Warden, whether 
sitting, or out of Court, or by the Eegistrar, in actions 
commenced by writ, shall be in like manner exercise- 
able in proceedings by plaint, so far as they are 
applicable thereto. 

81. In all cases of amendment, a corresponding 



AKEKBMJBKT. 93 

smendment shall be made in the proceedings of the 
Court antecedent to such amendment, and the subse- 
quent proceedings shall be in conformity therewith. 



ABATEMENT 07 SUITS. 

82. In case of the death of a sole, or sole surviving, 
plaintiff hefore judgment, the personal representative 
of the deceased may, by order of the Vice Warden, or 
of the Eegistrar when the Court is not sitting, be sub- 
stituted for the deceased as plaintiff in his representa- 
tive character on such terms as shall seem to him just, 
and the suit shall then proceed as if the representative 
had been originally the plaintiff. 

83. Where one or more of several plaintiffs or 
defendants dies 'before judgment, the suit shall not 
abate, if the cause of action survives to or against 
such parties. 

84. Where one or more of several plaintiffs or de- 
fendants shall die after judgment, proceedings thereon 
may be taken ly the survivors or survivor, or agamst 
the survivors or survivor, without leave of the Court. 

85. Where a married woman is sued as a feme sole, 
and she obtains judgment on the ground of coverture, 
proceedings may be taken thereon, in the name of the 
wife, at the instance of the husband, without leave of 
the Court. 

86. Marriage of a woman, plaintiff or defendant, 
shall not abate the suit, but it shall proceed to judg- 



94 GENEBAL OBDBBS — PLAIKTS. 

ment, notwithstanding ; and judgment against her may 
be executed against herself alone ; and judgment,^ 
her may be executed by authority of her husband. 

87. Where the plaintiff has become bankrupt or 
insolvent the cause may proceed to judgment and 
execution at the instance of the assignees in the name 
of the plaintiff, on their giving security for costs to the 
satisfaction of the Eegistrar, if required ; otherwise 
such bankruptcy or insolvency shall be a defence. 



PBOCEEDINGS IS THE KATUBE OP SCIBE PA0IA8. 

88. Execution on a judgment shall not issue by or 
against any person not a party to the suit without 
a summons founded upon, and reciting, the judgment. 

89. The summons, in the nature of a scire faciat on 
a judgment, is to be considered and dealt with as a 
plaint as well as a summons, and served in like manner; 
but the party summoned will not be permitted to set 
up any defence at the trial or hearing thereof, which 
would have been an answer to the original plaint, or to 
question the original judgment. 

90. A siunmons by or against the personfd repre. 
sentatives of a deceased party to have execution shall 
be in the forms (P.) in the Schedule annexed, with the 
notices subjoined thereto ; and the directions contained 
in the said notices shall be observed and pursued, and 
the notices therein required to be given hy the party 
served may be given in the manner specified in Biild 
35. 



PBOCSSDnros is katueb or scibs pacias. 95 

91. Writs of execution awarded on such summons 
may be in the form of like writs issued on ordinary 
judgments by or agsdnst executors or others ; but must 
shew on the face of them the change of party by death 
or otherwise, and the award of execution. 



PBOOBEnnras by akd agaikst eiectitobs, etc. 

92. Executors and administrators, who are parties 
to plaints in that character, must be so named in the 
plaint. 

93. A party suing an executor, &c. may allege in 
the plaint that the defendant has wasted and misap- 
plied the property of his testator since his death ; and 
if the fact be so found, the judgment may be that the 
debt and costs be levied on the goods of the defendant 
himself to the extent of such wasting or misapplica- 
tion, and as to the residue on the goods of the testator 
injuturo. 

94. Where a defendant admits himself to be execu- 
tor and also admits the plaintiff's demand, and that he 
has any assets in hand, he must pay the amount into 
Court under the Eule No. 22, otherwise he will be 
lisible to have judgment against him, with costs, to the 
amount confessed. 

95. Generally, judgment and execution shall be the 
same, in substance, as would be given or issued in 
like proceedings by or against executors and adminis- 
trators by writ of summons. 



96 OEinCBAX OBDEBB — PLAIHT8. 

96. When judgment shall have been given against 
an executor, &c. for debt and costs to be levied of the 
goods of the testator, &c., which should thereafter 
come into his hands to be administered, and such 
goods shall have come into his hands, the plaintiff may 
sue out and serve a summons in the nature of a scire 

facias, reciting the unsatisfied judgment and alleging 
assets, and calling on the defendant to show cause why 
execution should not issue ; and such summons shall, 
for the purposes of defence and trial, be considered 
and dealt with as a plaint as well as a summons ; but 
the party summoned will not be permitted to set up 
any defence which would have been an answer to the 
original plaint, or to question the judgment. 

97. Such last-mentioned summons shall be in the 
form (Q.) in the Schedule annexed, and be accom- 
panied with the notice subjoined thereto. 

98. Writs of execution awarded on such summons 
may be in the form of like writs issued on judgments 
against executors or administrators. 



CAUSES EEMITTED EBOM THE COUKTT OOUBT. 

99. When a cause shall be remitted by any judge 
of a County Court within the Stannaries for trial or 
hearing before the Court of the Vice Warden under 
the power conferred by section 17 of the Act 18 Vict, 
c. 32., the party at whose request the cause is remitted 
is to file at the Eegistrar's Office a copy of the plaint, 



CAirSXS BXlOTtSI) TBOM THE COUirTY COUBT. 97 

particulars of plaint, summons, notices of special de- 
fence, if any, and other written proceedings by and 
between the parties ia the suit, such copy being cer- 
tified by the judge of the said County Court or by the 
clerk thereof; and no fee shall be taken for such filing 
at theEegistrar's Office, if the plaintiff shall have already 
paid fees upon the documents so certified in the County 
Court. And upon such filing, the copy of the plaint 
and particulars so filed shall be deemed and taken to 
be in lieu of a plaint originally filed in the Court of 
the Vice Warden, subject to such amendment, if any, 
as may be necessary to show the jurisdiction of the 
said Court in and over the cause so remitted ; and 
the plaintiff shall be at liberty, upon application to 
the Eegistrar, to make such amendment without pay- 
ment of any Court fee for that purpose ; and there- 
upon the Eegistrar is to issue ex officio^ and upon 
payment to him of a Court fee of one shilling, a 
notice in the form subjoined, and is to deliver the 
same to the plaintiff or defendant for service on the 
opposite party ; and at the trial or hearing of the cause 
the notices of special defence, if any, given in the 
origiaal suit shall be taken to be given by the defend- 
ant to the plaintiff for the purpose of such trial, and 
be available for such purpose : — 
In the Court of the Vice Warden of the Stannaries. 
Stannaries of Cornwall [or Devon] . 

j^ B -V To A. B. of , and to C. D. of 

V, > [to he described as in the plaint in the County 

C- D, ) Court-]. 
"You are to take notice that, this c^use having 



98 GEITESAL 0SDSS8 — PLAOTTS. 

" been remitted for trial [or hearing] before this Court 

« by -, Esq., Judge of the County Court of — , 

" you are hereby summoned to appear in person, or 
" by your respective attomies, at the next sittings of 

" this Court, to be held at , on , at the hour 

" of in the forenoon, there to try the said caus^ ; 

''and in the mean time subpoenas to compel the 
"attendance of witnesses and the production of 

" docimients may be obtained on application to , 

" at . 

" K neither of you shall appear at the day and time 
" aforesaid, the cause will be struck out. Dated, Ac. 
" By the Court." (l. s.) 

Provided that for aU steps or proceedings in the 
cause, except those hereinbefore specified, like fees 
shall be paid as in a case commenced by a plaint 
originally filed in the Court of the Vice "Warden. 

Provided also, that the plaintiff may, at his option, 
commence de novo by filing a plaint in the usual form 
in the last mentioned Court, whereupon the suit shall 
proceed in all respects as in ordinary cases of suits 
commenced in the said Court. 



MISCELLAmSOUS. 

100. The rules and practice as to computation of 
time ; and as to the power of the Vice Warden or 
Begistrar to enlarge or abridge the time for doing 
any act or taking any proceedings in a cause ; and as 



laSCELLAKEOUS. 99 

to the power reserved to rectify mistakes or oversights 
of the parties in respect of procedure, practice or 
other matters, shall, where not inconsistent with these 
present rules^ be the same as in other suits in this 
Court not commenced by plaint ; and in cases not 
otherwise provided for, the general practice and forms 
of procedure in this Court in suits commenced by writ 
of summons may be adopted, mutatis mutcmdis, and 
applied to proceedings by plaint. 

Permission to prosecute by writ instead of plaint 
may be granted on application to the Vice "Warden 
ex parte, founded on a statement of the circumstances 
which, in the opinion of the applicant, make such 
form of procedure desirable or proper; or such per- 
mission may, at the discretion of the Vice "Warden, 
and on such terms as he shall think fit, be granted 
after proceedings by writ shall have been commenced 
without such permission. 



Corrigendum.^In the liue 2 of Rule 6, supra, p. 71, omit the word 
"^ personal .** 



f2 



101 

SCHEDULE OF FORMS. 
SUITS BY PLAINT. 



The Forms contained in the following Schedule may be 
used in cases to which they are applicable with such 
alterations as the nature of the suit, the character of the 
parties, or circumstances of the case, may render necessary ; 
but any variance therefrom, not being in matter of sub- 
stance, will not affect their validity or regularity. 



(A.) 

FORM OF PLAINT. 



In the Court of the Vice Warden of the Stannaries. 
Stannaries of CJomwall [or Devon]. 

A. B. of [place of residence]^ miner, complains of C. D. of 
[place of reeidence']^ miner, that he owes to the plaintiff the 
sum of [state the true sum^ or balance duel, ^^^ grocery 
and flour, sold on or about the day of 

at within the Stannaries of in the 

year 

Or, for goods whereof the particulars are attached hereto 
[or whereof the following are the particulars], sold on, &c. 

Or, for work done by the plaintiff as a labouring miner 
for the defendant in (or on) a mine, called in the 

Stannaries of [Comwall], on, &c ; 

Or, that the defendant unlawfully took away certain 
ores of the plaintiff of the value of within the 

Stannaries of [Cornwall], on, &c. ; 



102 . SCilEDTTLE OF FORMS — PLAINTS. 

Or, that the defendant is Indebted to the plaintiff on a 
promissory note dated made by the defendant, 

whereby he promised to pay to the plaintiff £5 two months 
after date, which is now overdue. 

Or, that the defendant assaulted and struck the plaintiff, 
and did to him such bodily injury that he was unable to 
work for days, and thereby lost wages to the 

amount of , which he would otherwise have earned, 

&c., and sustained farther damage, in the whole amounting 
to the sum of , which he claims. 

[Where only one of the parties is alleged to be a miner, it 
should be shewn in the plaint that the cause of action arose 
within the Stannaries, or relates to mines or minerals 
therein. See also Rules, ante, No. 9, 10, 11, 12, 13.] 

(B.) 

FORM OF SUMMONS, WITH NOTICES. 

In the Court of the Vice Warden of the Stannaries. 

Stannaries of Cornwall [or Devon}. 
To C. D. [the defendanf]. 

You are hereby summoned to appear in person or by 
your attorney before the Vice Warden oi the Stannaries, at 
the sitting of. his Court at [ Trtiro], on the day of 

next [or instanf}, at the hour of ten o*clock in the 
forenoon, to answer the complaint of A. B. of [name and 
address of the plaintiff"], a copy of which is herewith left; 
and you are then and there to bring with you, or cause to 
be summoned, any witnesses whom you may desire to call 
in support of your defence ; and if you do not appear at the 
time and place above named, the Court will proceed to 
judgment in your absence. 

Dated this day of 

By the Court. (i. s.) 

N.B. — This summons must be served within one fft^pdw 
month after date. 



SCHIDITLS 01* VOBMS. 108 

Take notice. If you object to the jurisdiction of the 
Court of the Vice Warden in this cause, you must make 
your* objection by filing a plea or demurrer (as the case 
may be) at the office of the Registrar at [_Truro'], on or 
before the tenth day after the day of serving you with this 
summons. 

[If the plaint is for a debt or other liquidated demand, 
the two following notices must also be subjoined to the 
summons^ : 

Also take notice, that if you admit the debt or demand 
of A. B. [the plaintiff] to be justly due to him, and will 
write and sign such admission on the back of the summons 
or of the plaint delivered to you, and will ddiiver it your- 
self) or cause it to be delivered and proved, to the Registrar 
at his office /owr clear days before the day of trial, you will 
save yourself the expense and costs of a trial. 

K your defence is that the plaintiff A. B. is indebted to 
you in a larger sum than you are indebted to him, or in any 
sum, you must give to him at least four dear days' notice in 
writing before the day of trial that you intend to set up 
such defence, and you must state in your notice the nature 
and particulars of the plaintiff*s debt owing to you, and 
must come prepared to prove that you gave such notice. 

[If the plaifUiff sues as executor or administrator, or as 
assignee of a bankrupt or insolvent, or the defendant is sued 
in such character, the following notice must be subjoined]. 

" Also tare notice, that if you intend to deny that the 
plaintiff A. B. is executor [or administrator or assignee as 
the case may be] of ; or — " to deny that you C. D. 

[the defendant"] are the executor [or administrator] of ;" 

you must give to the plaintiff at least four clear days' notice 
in writing of such your intention before the day of trial. 

[Like notice must also be subjoined where either party 
sues or is sued as a public officer. See Rule 38, atUe^ p. 79. 

If the defendant is under the age of twenty-one, the word 
"guardian" must be substituted for "attorney" in the 
summons]. 



104 BCHED1TI.E or TOBUB— PLAOrTS. 

(C.) 
UKDEBTAKIHO BT KBXT FBIEND OF niFAlTT. 

In the Cotirt of the Vice Warden of the Stannaries. 

I, the undersigned, being the 

next friend of A. B., who is an infant, and who is desirous 
of entering a plaint in this Court against C. D., herebj 
undertake and agree to be responsible for the costs of the 
said C. D. in such cause, and that if the said A. B. fails to 
paj to the said C. D., when and in such manner as the Court 
shall order, all such costs of such cause as the Court shall 
direct him to pay to the said C. D^ I will forthwith pay the 
same to him. 
Dated this day of 

(Signed) 

(D.) 

OBDEB APPOINTING GUABDIAN OP INPANT DXPBNDANT. 

In the Court, &c., [as above']. 

Between A. B. - - plaintiff, 

and 
CD. defendant. 

Whereas now, at the hearing of this cause, the de> 
fendant, being an infant, appears here in Court, and names 

to act as his guardian, and the said 
now assents to aet as such guardian, the court 



SCHEDULE OF FORKS 105 

doth hereby appoint the said to be guardian of 

the defendant in this cause. 

Dated this daj of 

By the Court. (l. s.) 



OBDBB APPOIKTING QVARDIAS OF INFANT DEFENDANT WHBSB 
DEFENDANT DOES NOT NAME ONE. 

In the Court, &c., [as above']' 

Between A. B., - - plaintiff, 

against 

C. D., - - defendant. 

Whereas now, at the hearing of this cause, the de- 
fendant, being an infant, appears here in Court, and does 
not name a guardian, the Court doth hereby appoint 

to be guardian of the 
defendant in this cause. 

Dated this day of 

By the Court. (l. s.) 



(E.) 

1. WRIT OF FIERI FACIAS FOR EXECUTION AGAINST A DE- 
FENDANT OUT OF THE JURISDICTION. 

The Lord Warden of the Stannaries to the High Bailiff 
of the County Court of greeting : 

Whereas lately in a certain action commenced on the 
common law side of the Court of the Vice Warden of the 
f3 



106 SOHEDULB or rOBMS — MiAIBTTS. 

Stannaries, wherein A. B. is plaintiff and C. D. is defendant, 
in a cause whereof the said Court has cognizanee, the 
plaintiff by judgment of the said Court recovered against the 
said C. D. the sum of for his debt [or for damage* 

hy him sustained] and the further sum of for his 

costs of suit by him in that behalf expended ; and whereas 
the said judgment cannot be [conveniently or effeciuaUy'] 
enforced by the ordinary process of the last mentioned Court 
within the jurisdiction thereof: These are therefore to 
REQUIRE and coMBiAND you, in the name of Her Majesty 
the Queen, and in pursuance of the statute in that case 
made and provided, forthwith to make and levy by distress 
and sale of the goods and chattels of the defendant, where- 
soever they may be found within the district of the said 
County Court (except the wearing apparel and bedding of 
the defendant or his family, and the tools and implements 
of his trade, if any, to the value of five pounds), the 
said sum of and also the 

costs of this execution ; and also to seize and take any 
money or bank notes (whether of the Bank of England or 
of any other bank), and any cheques, bills of exchange, 
promissory notes, bonds, specialties, or securities for money, 
of the defendant, which may there be found, or such part, 
or so much thereof as may be sufficient for the satisfying of 
this execution, and the costs of making and executing the 
same, and that in the execution of this writ you proceed in 
all respects as if this had been a warrant of execution issued 
by the County Court of which you are the high bailiff, and 
pay what you shall have levied under this writ to the clerk 
of the said County Court, and make your return of what 
you shall have done under this writ immediately upon the 
execution thereof. 

Dated this day of 

By the Court. (l. s.) 

[The debts or damages must not exceed £50]. 



SCHEBULX OF FOEMS. 107 

[To be indorsed as follows : — ] 

£ *. iL 

Amount recovered by the judgment 

Poundage for issuing the writ 

Bailiff's fee for execution and mileage 

Paying money into Court 

Total amount to be levied £ 



2. THE SAME FOB EXECUTION AGAINST A PLAINTIFF, 
FOB COSTS. 

The Lord Warden, &c. [as above]. 

Whereas lately in a certain action commenced on 
the common law side of the Court of the Vice Warden 
of the Stannaries, wherein A. B. is plaintiff and C. D. is 
defendant, for recovery of a debt [or of damages]^ not 
exceeding 50/., in a cause whereof the said Court has cog- 
nizance, the sum of /. was awarded by the said Court 
to the defendant for his costs of defence, and whereas the 
said judgment cannot be \eonvemendy or effectually'] en- 
forced by the ordinary process of the last mentioned Court 
within the jurisdiction thereof; Thesk are therefore to 
SEQUXBE and command you, &c. [the rest as in the lastform^ 
substUtsting ^^ plaintiff" for defendant], 

[Indorsement as above, substituting " costs awarded" for 
<< amount recovered by the judgment"]. 

3. WABKANT TO BB ANNEXED TO THE ABOVE WBITS. 

Court of the Vice Warden of the Stannaries. 
To Clerk of the County Court of 

A. B. >i ^i the request of [the name and address 

^' \ of the party prosecuting the trnY], and in pursuance 
CD.) of the statute in that case made and provided ; that 



108 SCHEDULE OF 70BHS — PLAINTS. 

is to say, the statute 18 Vict. c. 82. s. 9. ; I hereby authorize 
and require you to cause the writ of execution hereunto 
annexed to be executed in due course of law by the high 
bailiff of the above County Court, and to certify to me 
what shall have been done under the same, and to remit 
the amount levied under it, less the costs of making such 
levy, according to the practice of the County Court, to the 
said [name'], who prosecutes this writ. Dated and sealed 
with the seal of the said Court this day of 

William Michell, (l. s.) 

Registrar of the Court of the said Vice Warden. 



(F.) 

SUMMONS TO HAVE EXECUTION ON JUDGMENT AFTER THE 
DEATH OF A PASTT. 

[See Rule, ante. No. 90.] 

1. After the death of a plaintiff. 

In the Court of the Vice Warden of the Stannaries. 

Stannaries of Cornwall [or Devon], 

To C. D. [the defendant in the plaint.] 

Whereas it is alleged by E. F., of [place of residence"], 
that A. B. lately recovered, by the judgment of this Court 
against you, the sum of [debt, or damages, and costs], which 
judgment remains in force and unsatisfied, and that A. B. has 
since died, and that the said E. F. is his executor [or admims- 
traior], you are hereby summoned to appear in person, or 
by your attorney, before &c., at &c., on &c., [as in a com- 
mon summons on a plaint, ante, (B.)], to shew cause why 
execution should not issue against you on the said judgment 
at the suit of the said E. F. ; and if you do not appear in 



SCHEDULE OE EOBMS. 109 

pursuance of this summons, the Court will proceed to award 
execution in your absence. 

Dated ihb daj of 

By the Court (l. s.) 

Take notice, that if you intend to appear to shew cause 
against the Issuing of execution against you, you must give 
to the said E. F. at least four clear days' notice of such your 
intention before the day of appearance ; otherwise E. F. 
will be entitled to have such execution as of course, and you 
will not afterwards be permitted to object thereto. 



2. After the death of a defendant. 

In the Court, &c., [as above"]. 

To E. F., of [place of residence']. 

Whereas it is alleged by A. B., of [place of residence], 
that he lately recovered by the judgment of this Court 
against C. D., the sum of for his debt, [or doTnages], 

and of for his costs of suit, which judgment remains 

in force and unsatisfied, and that C. D. has since died, and 
that you are his executor, [or administrator] ; you are hereby 
summoned to appear in person, or by your attorney, before 
&c., at &c., on &c., [as in a common summons, ante, (B.)], to 
shew cause why execution should not issue against you on 
the said judgment, as such executor, [or administrator], at 
the suit of the said A. B. ; and if you do not appear in pur- 
suance of this summons, the Court will proceed to award 
such execution in your absence. 

Dated this day of 

By the Court (l. s.) 

Take notice, that if you intend to appear to shew cause 



110 SCHEDT7LE OF F0BM8 — PLAINTS. 

against the issaing of execution against you, you must give 
to A. B. at least four clear days* notice of such your inten- 
tion before the day of appearance ; otherwise, you will not 
be permitted at the trial to dispute the matters alleged by 
A. B. as stated in the summons, but only to shew that you 
have no property of the late C. D. in your hands, as execu- 
tor, applicable to payment of the monies due on the judgment. 

[In like manner, a summons may be issued, mutatis mu- 
tandis^ and with like notices, by an executor, &c., of the 
defendant against the plaintiff, or by a defendant against 
an executor of a plaintiff*, on a judgment for costs.] 



(G.) 

SUMMONS TO HAVE EXECUTION AGAINST AN EXECUTOR 
WHEBB ASSETS HAVE COME TO HAND SINCE JUDGlliENT. 

[See Ride, ante, No, 97.] 
In the Court, &c. [<as above']. 

Stannaries of Cornwall [or Devon]. 
A. B. - plaintiff*, 

against 
C. D. • executor, defendant. 

To C. D. [the defendanf]. 

Whereas A. B., the plaintiff in this causey lately recovered 
by the judgment of this court against you as executor 
of C. D., the sum of for hb debt 

[or damages'] and costs of suit, to be levied on the goods 
of the said C. I)., which should thereafter come to your 
hands as such executor to be administered, and it is 
alleged by A. B. that the said judgment is still unsatisfied, 
and that divers goods of the said CD. have since the judg- 



8GHEDULS OF FOBMS. Ill 

ment come into jour hands as executor, whereof you maj 
satisfy the said judgment, you are hereby summoned to 
appear, &c, before, &c., at, &c^ on, &c. [as in summons (B.)]i 
to show cause why A. B. should not have execution against 
you in pursuance of the said judgment, if it shall seem ex- 
pedient to him ; and if you do not appear at the time and 
place above named, the Court may proceed to award exe- 
cution in your absence. 

Dated this day of 

By the Court. (l. s.) 

Take notice that if you appear to show cause in pursuance 
of this summons, you must be prepared to prove either that 
the plaintiff*s claim on the judgment has been satisfied, or 
that no property of the late C. D. has come into your hands, 
as executor, which is applicable to payment of the monies 
due thereon. 



112 



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114 GENE&AL OBMEBB. 

II. AS TO SUITS COMMENCED BY WMT. 

The following rules and orders shall come into force 
on the 20th day of June instant, except as aforesaid 
(ante p. 69) ; that is to say : — 

WKIT OP SUMMONS AITD SEKVICB THESEOF. 

1. Personal actions brought in the Court of the 
Vice Warden of the Stannaries (not being actions 
prosecuted by plaint) shall be commenced by writ of 
summons in the form (A.) contained in the Schedule 
to these orders annexed ; and in every such writ, and 
copy thereof, the place and county of the residence or 
supposed residence of the party defendant, or wherein 
the defendant shall be or shall be supposed to be, shall 
be mentioned ; and such writ shall be issued by the 
secretary of the Vice Warden to the party, who shall 
cause it to be sealed by the Eegistrar. Duplicate of 
concurrent writs may be issued for convenience of 
service. 

2. The writ shall contain the names of all the de- 
fendants, and shall not contain the name or names of 
any defendant or defendants in more actions than one. 
It shall bear date on the day on which the saioe shall 
be issued, and shall be under the seal of the Court. 

3. Every writ of summons shall be indorsed with 
the name and place of abode or business of the attor- 
ney actually suing out the same, and when he sues 



WRIT OF SUMMONS AND SERVICE THEREOF. 115 

out the same as agent for another attorney, the name 
and place of abode or business of such attorney shall 
also be indorsed; and in case no attorney shall be 
employed to issue the writ, then it shall be indorsed 
with a memorandum expressing that the same has 
been sued out by the plaintiff in person, and describ- 
ing with precision the place of his residence. 

4. Upon the writ and copy thereof served for pay- 
ment of a debt, the amount thereof shall be also 
indorsed and also the plamtifT's claim for the costs of 
the writ, copy, service, and attendance to receive the 
debt and costs, and it shall be further stated thatj 
upon payment thereof within four days, further pro- 
eeedings will be stayed. The costs may, however, be 
tioed notwithstanding such payment. 

The form of the above indorsement is subjoined in 
the Schedule, form (A.) 

5. No writ of summons shall be in force for more 
than three calendar months from the day of the date 
thereof including the day of such date ; but if any 
defendant therein named has not been served there- 
with, the writ may be renewed at any time before its 
expiration for three months from the date of such 
renew^ and so from time to time during the currency 
of ihe renewed writ, by being resealed and marked 
with a memorandum by the Begistrar specifying the 
date of renewal, upon delivery to him by the plaintiff 
or his attorney of a precipe for that purpose ; and a 
writ of summons so renewed shall remain in force and 
be available to prevent the operation of any statute 



116 GENERAL ORDERS. 

whereby the time for the commencement of the action 
may be limited, and for all other purposes, from the 
date of the issuing of the original writ. 

6. The production of a writ of summons purport- 
ing to be so resealed and marked shall be sufficient 
evidence of its having been so renewed, and of the 
commencement of the action as of the first date of 
such renewed writ for all purposes. 

7. K the plaintiff or his attorney shall omit to 
insert in or indorse on any writ or copy thereof any 
of the matters required by this Act to be inserted 
therein or indorsed thereon, such writ or copy thereof 
shall not on that account be held void, but it may be 
set aside as irregular, or amended, upon application 
to be made to the Vice Warden, or to the Begistrar 
when the Court is not sitting ; and such amendment 
may be made upon any application to set aside the 
writ upon such terms as the Vice Warden or Eegistrar, 
as the case may be, shall think fit. 

8. In all cases where the defendant resides within 
the jurisdiction of the Court, and the claim is for a 
debt or liquidated demand in money, with or without 
interest, arising upon a contract express or implied, 
the plaintiff shall be at liberty to make upon the writ 
of summons and copy thereof a special indorsement of 
the particulars of his claim in the form (B.) contained 
in the Schedule to this Act annexed, or to the like 
effect ; and when a writ of summons has been indorsed 
in the special form hereinbefore mentioned, the in- 
dorsement shall be considered as particulars of 



WBIT or SUMMONS AND SEBVICE THEREOF. 117 

demand, and no further or other particulars of de- 
mand need be delivered, unless ordered by the Vice 
Warden or Eegistrar. 

9. The writ of summons shall be served, within the 
jonsdiction of the Court, in the same manner as a like 
writ issuing out of any of the superior Courts, and 
the day of service must be indorsed on it within three 
days after service, subject to the same consequences 
of omission as in those Courts. 

10. The service of the writ, wherever it may be 
practicable, shall be personal ; but the Vice Warden 
may, upon application of the plaintiff, on affidavit, order 
that the plaintiff be at liberty to proceed as if 
personal service had been effected under the circum- 
stances and on the conditions specified in section 17 
of the Common Law Procedure Act, 1852. 



APPEAKANCE. 

11. Appearance, whether in person or by attorney, 
shall be by delivering a memorandum in writing, 
specifying the name of the cause and the fact of 
the appearance, at the Eegistrar's Office. 

12. Where several defendants appear by one at- 
torney, the name of all shall be inserted in one 
appearance, if the attorney was instructed by all at 
the time of appearance entered. 

13. The defendant must cause his appearance to be 
entered within eight days after service of the sum- 



118 OBNE&AI. ORDERS. 

mons, unless the summons sball name some other or 
Uter day for appearance. 

14. Every appearance, whether in person or by 
attorney, must comply with the Bules, post^ No. 149, 
150, and will be subject to the consequences of non- 
compliance therein provided. 

15. The defendant may appear after the time speci- 
fied in the summons or order of the Court, subject 
however to the conditions and consequences prescribed 
by section 29 of the Common Law Procedure Act, 1852. 



IfONAPPEABAKCE ON WRITS SPECIALLY, OR ITOT 
SPECIALLY, imDORSED. 

16. In case of nonappearance by the defendant, 
where the writ of summons is indorsed in the special 
form hereinbefore provided, it shall be lawful for the 
plaintiff, on filing an affidavit of personal service of the 
writ of summons, and a copy of the writ of summons, 
at once to sign final judgment, (whereof the formal entry 
is under (C.) in the Schedule annexed,), for any sum 
not exceeding the sum indorsed on the writ, together 
with interest at the rate specified, if any, to the date 
of the judgment, and a sum for costs to be taxed in 
the ordinary way ; and the plaintiff may, upon such 
judgment, issue execution at the expiration of eight 
days from the last day for appearance, and not before . 
Provided always, that it shall be lawful for the Vice 



irONAPFBARANCE ON WRITS. 119 

Warden, either before or after final judgment, to let in 
tiie defendant to defend upon an application supported 
bj asAwSBctory affidavits accounting for the nonappear- 
ance, and disclosing a defence upon the merits. 

17. In case of such nonappearance, where the writ 
of summons is not indorsed in the special form herein- 
before provided, it shall and may be lawM for the 
plaintiff, on filing an affidavit of personal service of the 
wilt of summons, or an order for leave to proceed as 
if personal service had been effected, and a copy of the 
writ of summons, to file a declaration indorsed with a 
aotice to plead in ten days, and to sign judgment by 
de&ult at the* expiration of the said time to plead ; and 
in the event of no plea being delivered, where the cause 
of action mentioned in the declaration is for any of the 
claims which might have been inserted in the special 
indorsement on the writ of summons hereinbefore 
provided, and the amount claimed is indorsed on the 
writ of summons, the judgment shall be final, and ex- 
ecution may issue for an amount not exceeding the 
amount indorsed on the writ of summons, with interest 
at the rate specified, if any, and costs to be taxed in 
the ordinary way : Provided always, that in such case 
the plaintiff shall not be entitled to more costs than if 
he had made such special indorsement, and signed 
judgment upon nonappearance. 

18. In any action brought against two or more 
defendants, where the writ of summons is indorsed in 
the special form hereinbefore provided, if one or some 
only of such defendants shall appear, it shall be lawful 



120 GENERAL ORDERS — WRITS. 

for the plaintifp to sign judgment against such de- 
fendants as shall not have appeared, and, before 
declaration against the others, to issue execution 
thereupon, in which case he shall be taken to have 
abandoned his action against the defendant or 
defendants who shall have appeared : — or the plaintiff 
may declare against the defendant or defendants who 
shall have appeared, stating, by way of suggestion, 
the judgment obtained against the other defendant 
who shall not have appeared; in which case the 
judgment so obtained against a defendant who shall 
not have appeared shall operate in like manner as a 
judgment by default obtained in a superior Court 
before the passing of the Common Law ftocedure 
Act, 1852, against one or more of several defendants 
in an action of debt. 



JOINDER or PARTIES. — PLEA IN ABATEMENT. 

19. It shall be lawful for the Vice Warden or Ee- 
gistrar, at any time before the trial of any cause, to 
order that any person not joined as plaintiff shall be 
so joined; or that any person originally joined as 
plaintiff shall be struck out from such cause, if it 
shall appear to him that injustice will not be done by 
such amendment, and that the person so to be added 
consent, either in person or by writing, under his hand, 
to be so joined ; or that the person so to be struck out 
was originally introduced without his consent, or that 
such person consent in like manner to be so struck out. 



JOIKDEB 07 PARTIES. 121 

20. Such amendment shall be made upon such 
terms as to the amendment of the pleadings (if any) 
postponement of the trial, and otherwise, as the Vice 
Warden or Eegistrar (as the case may be) shall think 
proper; and when any such amendment shall have 
been made, the liability of any person so added as co- 
plaintiff shall, subject to any terms so imposed, be 
the same as if he had been originally joined in such 
cause. 

21. In case it shall appear at the trial of any action 
that there has been a misjoinder of plaintiffs, or 
that some person, not joined as plaintiff, ouglit 
to have been so joined, and the defendant shall not, 
at or before the time of pleading, have given notice in 
writing that he objects to such nonjoinder, specifying 
therein the name of such pe^on, such misjoinder or 
nonjoinder may be amended, as a variance, at the trial. 
in like manner as to the mode of amendment, and pro- 
ceedings consequent thereon, (or as near thereto as tlie 
circumstances of the case will admit,) as in the case of 
amendments of variances under the act 3 & 4 Wm. 
4. c. 42., if it shall appear to the Court that such mis- 
joinder or nonjoinder was not for the purpose of ob- 
taining an undue advantage, and that injustice will not 
be done by such amendment, and that the person so to 
be added consent, either in person or by writing under 
his hand, to be so joined, or that the person to be so 
struck out was originally introduced without his con- 
sent, or that such person consent in like manner to so be 
struck out; and the amendment shall be made upon such 

o 



122 OEITEEAL OSDEBS — ^WEITS. 

terms as the Court shall think proper ; and when anj 
such amendment shall have been made, the liability of 
any person who shall have been so added as co-plaintiff 
shall, subject to any terms imposed as aforesaid, be the 
same as if such person had been originally joined in 
the action. 

22. In case of such notice being given, or of any plea 
in abatement of nonjoinder of a person as co-plaintiff, 
the plaintiff shall be at liberty, without any order, to 
amend the writ and other proceedings before plea, by 
adding the name of the person named in such notice or 
plea in abatement, and to proceed in the action with- 
out any further appearance on payment of the costs 
of, and occasioned by, such amendment only ; and in 
such case the defendant shall be at liberty to plead de 
novo. 

23. It shall be lawful for the Vice Warden, or Eegis- 
trar, in the case of the joinder of too many defendants 
in any action on contract, at any time before the 
trial to order that the name of one or more of such 
defendants be struck out, if it shall appear to him that 
injustice will not be done by such amendment, and 
the amendment shaU be made upon such terms as he 
shall think proper ; and in case it shall appear at the 
trial of any such action that there has been a misjoin- 
der of defendants, such misjoinder may be amended, as 
a variance, at the trial in like manner as the mis- 
joinder of plaintiffs, and upon such terms as the Vice 
Warden or Eegistrar shall think proper. 

24. In any action on contract, where the nonjoinder 



JOINDE& OF FABTIES. 123 

of any person within the jurisdiction as a co-defendant 
has been pleaded in abatement, the plaintiff shall be at 
liberty, without any order, to amend the writ and the 
declaration by adding the name of the person named in 
the plea in abatement as joint contractor, and to serve 
the amended writ upon the person so named in the plea, 
and to proceed against the original defendant, and 
the person so named in such plea : Provided that the 
date of such amendment shall, as between the person 
or persons so named in such plea in abatement and 
the plaintiff, be considered for all purposes as the 
commencement of the action. 

25. In all cases after such plea in abatement and 
amendment, if it shall appear upon the trial of the 
action that the person so named in such plea was 
jointly liable with the original defendant, the original 
defendant shall be entitled as against the plaintiff to 
the costs of such plea and amendment ; but if at such 
trial it shall appear that the original defendant or any 
of the original defendants is or are liable, but that 
one or more of the persons named in such plea in 
abatement is or are not liable on the contract, the 
plaintiff shall nevertheless be entitled to judgment 
against the defendant who shall appear to be liable ; 
and every defendant who is not so liable shall have 
judgment, and shall be entitled to his costs as 
against the plaintiff, who shall be allowed the same, 
together with the costs of the plea in abatement and 
amendment, as costs in the cause against the original 
defendant who shall have so pleaded in abatement: 
g2 



124 GEinBBAL OSDEBS — WBITS. 

Provided that any such defendant who shall have so 
pleaded in abatement shall be at liberty on the trial 
to adduce evidence of the liability of the defendants 
named by him in such plea in abatement. 



JOINDER OF CAUSES OP ACTION. 

26. In any action brought by a man and his wife 
for an injury done to the wife, in respect of which 
she is necessarily joined as co-plaintiff, it shall be 
lawful for the husband to add thereto claims in his 
own right, and separate actions brought in respect of 
such claims may be consolidated, if the Vice "Warden 
shall think fit: Provided that in the case of the 
death of either plaintiff, such suit, so far only as 
relates to the causes of action, if any, which do not 
survive, shall abate. 

27. Causes of action, of whatever kind, provided 
they be by and against the same parties and in the 
same rights, may be joined in the same suit ; but the 
Vice Warden shall have power to prevent the trial 
of such causes together, if such trial would be inex- 
pedient ; and in such case the Vice Warden may 
order separate trials to be had. 

28. The above provision for joinder of causes shall 
not extend to ejectment, or to the joinder of causes 
arising in different Stannaries and triable only by juries 
summoned from different counties. 



PAKTIBS Uin)BK AGE. 126 



PARTIES UNDER AGE. 

29. Infant plaintiffs must sue by next friend, 
and defend by guardian, and the next friend or 
guardian may be appointed in the manner provided 
in the general rules of the Court in suits by plaint, 
No. 20 and 21. 

ACTIONS BY PAUPERS. 

30. No person shall be admitted to sue as a pauper, 
unless a statement of the facts of his case with an 
affidavit of the party, or his attorney, that it is, to the 
best of his knowledge and belief, a true statement, be 
laid before the Eegistrar to whom the application is 
to be made ; and if the application be granted, then 
no Court fees or officer's fees shall be payable by the 
party, nor any fees allowed to his attorney or advocate. 
In other respects the practice as to pauper plaintiffs 
shall be the same as in the superior courts, as nearly 
as may be. 

SECURITY FOR COSTS. 

31. Security for costs, if required, must be applied 
for within a reasonable time after the facts which 
warrant such application shall have come to the 
plaintiff's knowledge. 

DECLARATION AND PLEADINGS. 

32. The declaration may be in the form in the 



126 GE^EEAL OSDEBS — WRITS. 

Schedule of Forms annexed under (D.) It must show 
that the plaintiff or defendant, or both, are miners, 
and that the cause of action is one whereof the Court 
has cognizance, and must be entitled of the day and 
year when pleaded ; and, generally, all dates, figures, 
and sums, both in the declaration and pleadings, are 
to be truly stated, so far as they are known or can be 
ascertained. 

33. The declaration is to be filed at the Eegistrar's 
OflGlce, and notice thereof given to the defendant within 
ten days after appearance. 

34. K the plaintiff fails to declare within ten days 
after the defendant's appearance, the defendant may 
call upon him by written notice to declare within four 
days, otherwise judgment ; and if he shall not declare 
within such four days, judgment of non pros may 
be signed by the defendant. The plaintiff shall be 
deemed out of Court unless he declares within six 
months after the writ of summons is returnable. 

35. K the defendant shall desire to object to the 
jurisdiction of the Court by demurrer or plea, he must 
file his demurrer or plea within ten days after notice 
of declaration. [See 18 Vict. c. 32. sect. 18.] 

36. Pleas in abatement must be pleaded and filed, 
and notice thereof given to the plaintiff, within four 
days after filing and notice of declaration ; and both 
pleas in abatement and pleas to the jurisdiction must 
be verified and supported by affidavit, as required in 
the superior courts ; and may be pleaded by attorney. 



DEOLABATION AND FLEADIirGS. 127 

37. Pleas in bar and demurrers must be pleaded 
within .ten days after filing and notice of declaration, 
unless the time be extended by the Vice Warden 
or the Begistrar ; and a notice to plead within ten 
days, otherwise judgment, is to be indorsed upon the 
declaration. 

38. K the defendant pleads or demurs to the 
jurisdiction, he may also plead in bar within the 
time limited herein for that purpose, and if he has 
any matter of defence on which he intends to rely 
hetides the supposed defect of jurisdiction, he mttst 
so plead it, otherwise judgment for the plaintiff on the 
plea or demurrer to the jurisdiction will be to 
" recover," and not to " answer further." 

39. The replication and each subsequent pleading 
must be pleaded and filed within eight days after filing 
the plea or preceding pleading. 

40. The filing of any plea, (except a plea in abate- 
ment,) or of any subsequent pleading in the office of 
the Registrar, shall be sufficient notice thereof to the 
opposite party ; and no other notice or rule to plead, 
OP demand of a plea or other pleading, shall be re- 
quired: — and if either party fail in filing his plea or 
other pleadings within the times above respectively 
prescribed, judgment of non pros or for want of a plea 
(as the case may be) may be signed, unless further 
time be allowed by consent or by order. 

41. 'No pleading shall be deemed insufficient for 
want of form or for any defect which, before the Com- 
mon Law Procedure Act, 1852, could only be objected 
to by special demurrer in the superior courts. 



128 eENEBAL OEDEBS — WEITS. 

42. If any pleading be so framed as to prejudice, 
embarrass, or delay the fair trial of the action, the 
opposite party may apply to the Court or to the Eegis- 
trar when the Court is not sitting, to strike out or 
amend such pleading, who shall make such order 
respecting the same, and the costs of the application, 
as he shall see fit. 

43. Any plea which does not state whether the 
defence therein set up arose before or after action 
shall be deemed to be a plea of matter arising before 
action. 

44. The defendant may either traverse generally 
such of the facts in the declaration as might have been 
separately traversed, or may traverse separately alle- 
gations which might have been included in a general 
traverse ; and may deny the whole or part of a replica- 
tion or other subsequent pleading. 

45. The plaintiff may deny the whole of a plea or 
subsequent pleading generally, or deny one or more 
allegations in it. 

46. Equitable grounds of defence or reply may be 
pleaded under the circumstances and conditions 
specified in sects. 83, 85, 86, of the Common Law 
Procedure Act, 1854, and the Vice Warden may exer- 
cise the powers thereby conferred on the Court or 
Judge. 

47. The rules of pleading as to profert or setting 
forth of documents in any pleading shall be the same 
as in the superior Courts. 

48. Pleas of payment and set-ofi*, and other plead- 



BSCLASATION AKD PLEADINGS. 129 

ings capable of being taken distributively, shall be s5 
taken, and upon issue thereon a verdict may pass lor 
the defendant in respect of so much of the cause of 
action proved as shall be sufficiently answered by such 
plea, and for the plaintiff as to so much as shaU not 
be answered. 

49. Either party may, icithout leave of the Court, 
plead, and also demur to the same pleading at the 
same time ; but the Vice Warden may, in his discre- 
tion, put the party to his election as to whether lie will 
abide by his plea or his demurrer, and strike out the 
one or the other accordingly, and may also direct how 
and in what order such issues of law and fact shall be 
disposed of. 

50. Either the plaintiff or the defendant may, u^ith- 
out leave of the Court, plead several and distinct 
matters in answer to the whole, or to the same part of 
a declaration or pleading of the opposite party ; but 
in such case, if the several matters of defence, of 
replication, or otherwise, shall exceed three in number 
(exclusive of a plea to the jurisdiction), the party 
shall, with his pleadings, file an affidavit by himself 
or his attorney, that " he has, as the deponent verily 
believes, just ground for pleading the several matters 
contained in his pleadings ; and that he has not, in or 
by such pleadings, denied any thing which he knows 
to be true in substance, or alleged any thing which he 
knows or believes to be untrue in substance." 

51. The above rule is subject to the Eule No. 42, 
supra, and to the right of applying to the Eegistrar 

G 3 



130 GEKEBAL OBDEBS — WBITS. 

under sect. 19 of 18 Yict. c. 32., on the ground of 
uncertainty, obscurity, or prolixity, or of applying to 
the Vice Warden or Eegistrar to strike out, with costs, 
pleadings manifestly vexatious, or inconsistent, or 
unnecessary to a decision on the real merits and justice 
of the case* It is subject also to the rule next following. 

52. Several counts on the same cause of action, and 
several pleas or subsequent pleadings on the same 
ground of answer or defence shall not be allowed, if 
promptly objected to by application to the Vice 
"Warden or Registrar, unless it appear to him necessary 
for the ends of justice to allow them, or any of them. 
If any be struck out or amended on such application, 
the costs and conditions of such striking out or 
amendment shall be in his discretion. 

53. K it shall appear on the trial that such counts 
or pleadings have been unnecessarily multiplied, the 
Vice "Warden may give such directions as to the costs 
thereof, or occasioned thereby, as he shall think fit. 

54. Either party may join issue on a plea, or sub- 
. sequent pleading, in the form prescribed by sect. 79 

of the Common Law Procedure Act, 1852, and such 
form of joinder shall be deemed to be a denial of 
the substance of the plea or other pleading and an 
issue thereon ; and where the plaintiff's pleading is in 
denial of some pleading of the defendant, the plaintiff 
may add a joinder of issue for the defendant. 

55. In cases not herein specified or provided for, the 
language, forms, and rules of pleading shall be the same, 
mutatis mutandis^ as in the superior Courts of common 



BECLABATION AJSTD PLEADHTOS. 131 

law, 80 for as they are not inconsistent with the present 
rules, or with the limited jurisdiction and the consti- 
tution of the Court, or with any lawful cuatoiud in 
force within the Stannaries. 

Examples of the ordinary forms of pleading wiU be 
found in the Schedule annexed, (D.; 



PABTICULAES OF DEMAND OB OE SET-OFF. 

56. With every declaration or plea of set-off in q, 
general form, the plaintiff or defendant shall also file 
full particulars of his demand or claim, or such a 
statement thereof as can be comprised within three 
folios. If such p»ticulars be omitted, the Vice War- 
den or Registrar may order delivery thereof, and no 
costs shall then be allowed to the party delivering 
them for the particulars or for the summons; and 
such particulars, when filed with the declaration or 
plea in the office, may be produced and read at the 
trial without further proof of them. 

57. Particulars may be obtained by a defendant by 
summons and order of the Registrar before appear- 
ance, if he shall think fit to order it.* Where the writ 
is specially indorsed under order No. 8, supra, no 
further particulars need be filed or delivered. 

58. The plaintiff may give credit to the defendant 
for a payment or a set-off in his particulars, and in such 
case the defendant need not plead the specific pa3nnent 
or the set-off for which credit is given. 



132 eSKEBAL OBDEBS— WBIT8. 



PATMEIfT INTO COTTBT. 



59. It shall be lawful for the defendant in all actions 
on contract, or for injury to real or personal property, 
without leave of the Court, (or, by leave of the Vice 
Warden upon such terms as he may think fit, for one 
or more of several defendants) to pay into Court a sum 
of money by way of compensation or amends. Such 
payment is to be pleaded, as near as may be, in the 
following form, mutatis muta/ndis ; 

" The defendant by his attorney [or 

" in person, ifc.'] [if pleaded to paH say, as to 
" £ parcel of the money claimed], brings 

" into Court the sum of £ and says that * 

" the said sum is enough to satisfy the claim of 
" the .plaintiif in respect of the matter herein 
" pleaded to." 

60. The money shall be paid to the Eegistrar of the 
Court, who shall give a receipt for the amount in the 
margin of the plea, and the said sum shall be paid out 
to the plaintiff, or to his attorney upon a written 
authority from the plaintiff, on demand, and no affidavit 
to verify his signature to the authority shall be 
necessary, unless specially required by the Eegistrar. 

61. The plaintiff, after the delivery of a plea of pay- 
ment into Court, may reply by accepting the sum so 
paid in fiill satisfaction of the cause of action in respect 
of which it has been paid in, and in that case may tax 



PAYMENT INTO COUET. 133 

tis costs of suit, and, in case of nonpayment thereof 
within forty-eight hours, sign judgment for his costs 
so taxed : — Or the plaintiff may reply that the sum paid 
is not enough to satisfy his claim in respect of the 
matter to which the plea is pleaded ; and in the event 
of an issue thereon being found for the defendant, the 
defendant shall be entitled to judgment and his costs 
of suit. 

62. The practice as to costs upon payment of money 
into Court shall be the same, in other respects, as in 
the superior courts. 



ADMISSION or DOCUMENTS. 

63. Either party may call on the other by notice in 
the form (E.) in the Schedule, to admit a document, 
saving just exceptions ; and in case of refusal or neglect 
to admit, the costs of proof shall be paid by the party 
refusing, whatever be the result of the cause, unless 
the Vice Warden shall certify that the refusal was 
reasonable; and no costs of proof shall be allowed 
unless such notice be given, unless the omission be, in 
the opinion of the Eegistrar, a saving of expense. 

64. Admissions made in pursuance of notice to 
admit, and also the service, and time of service, and 
a copy of any notice to produce in respect of which 
the notice to admit was giv^n, may be proved by the 
affidavit of the attorney in the cause or his clerk, as 
in the superior Couirts. 



134 GENERAL OBDEBS — WBITS. 



JUDGMENT BY DEFAITLT. 

65. In actions where the plaintiff seeks to recover 
a debt or liquidated demand in money, judgment by 
default shall be final. 

66. In actions in which it shall appear to the Vice 
Warden that the amount of damages sought to be 
recovered by the plaintiff is substantially a matter of 
calculation, it shall not be necessary to proceed to an 
inquiry by a jury, but the Vice "Warden may direct 
that the amount, for which final judgment is to be 
signed, shall be ascertained by the Eegistrar ; and the 
attendance of witnesses and the production of docu- 
ments before the Eegistrar may be compelled by sub- 
poena as upon an inquiry before a jury ; and it shall 
be lawful for him to adjourn the inquiry from time to 
time, as occasion may require ; and the Eegistrar shall 
indorse upon the rule for referring the amount of 
damages to him the amount found by him, and shall 
deliver the rule, with such indorsement, to the plaintiff; 
and such and the like proceedings may thereupon be 
had as to taxation of costs, signing judgment, and 
otherwise, as upon the finding of a jury upon an inquiry. 

67. In aU actions where the plaintiff recovers a sum 
of money, the amount to which he is entitled may be 
awarded to him by the judgment generally, without 
any distinction being therein made as to whether such 
sum is recovered by way of a debt or of damages. 



FOTIOE OP TEIAL. 135 

IffOTICE OP TEIAL, &C. 

6S, Eight days' notice of trial or inquiry before the 
first day of sittings appointed for hearing or trying 
oommon law causes shall be given, and shall be sufficient 
in all cases, unless otherwise ordered by the Court : and 
the plaintiff shall, at the time of giving such notice, 
also notify to the secretary of the Vice Warden his 
intention to try the cause at the next sittings. This 
rule applies as well to issues out of equity as to 
actions. 

69. A countermand of notice of trial or inquiry shall 
be given four days before the same day mentioned in 
the notice of trial, unless short notice has been given, 
and then two days' countermand shall be sufficient, 
unless otherwise ordered. 

70. 'No formal issue need be made up or delivered 
before trial, except in the case hereinafter mentioned, 
nor any record in the nature of a Nisi Prius record 
drawn, engrossed, or entered, except in the case con- 
templated by sect. 8 of the Act 6 & 7 Wm. 4. c. 106. ; 
but the original proceedings, filed in the office down to 
issue joined, shall be a sufficient issue and record for 
the purposes of trial. 

71. After notice of trial, the cause must be set down 
for trial at the Eegistrar's Office during office hours 
on the day before the first day of sittings, and a copy 
of the pleadings must, at the same time, be delivered 
to the Secretary by the plaintiff, otherwise it cannot 
be brought on for trial without an order of the Vice 
Warden. 



136 GENEEAL OEDEES — WfilTS. 



COSTS OP THE DAY. 

72. A rule for costs of the day for not proceeding 
to trial or inquiry pursuant to notice, or not counter- 
manding notice in time, may be obtained, as of course, 
from the Registrar, without motion, upon an affidavit 
in the usual form, and shall contain an order to pay 
the taxed costs to the defendant. 

COMPELLING THE PLAINTIPP TO PBOCEED TO TRIAL. 

73. Where any issue is or, shall be, joined in any 
cause, and the plaintiff has neglected or shall neglect 
to bring such issue on to be tried at the next prac- 
ticable sittings after issue joined, whether the plaintiff 
shall in the meantime have given notice of trial or 
not, the defendant may give twenty days' notice to 
the plaintiff to bring the issue on to be tried at 
the sittings next after the expiration of the notice ; 
and if the plaintiff afterwards neglects to give notice 
of trial for such last mentioned sittings or to pro- 
ceed to trial in pursuance of the notice so given 
by the defendant, the defendant may sign judgment 
for his costs ; provided that the Vice Warden shall 
have power to extend the time for proceeding to trial, 
with or without terms. 

74. No trial by proviso shall be allowed. 

ORDER FOR INSPECTION OF PROPERTY, OR DOCUMENTS. 

75. Either party shall be at liberty to apply to 



PSAOTICE ON TBIALS, ETC. 137 

the Vice Warden for an order for the inspection 
by the jury, or by himself, or by his witnesses, of 
any real or personal property the inspection of which 
may be material to the proper determination of the 
question in dispute ; and it shall be lawful for the Vice 
"Warden, if he think fit, to make such order upon such 
terms as to costs and otherwise as he may direct. 

In like manner, inspection of documents in the pos- 
session, power, or control of the opposite party may be 
ordered and enforced by the Vice Warden, upon the 
application of either party, under the same circum- 
stances which would entitle him to inspection in 
actions in the superior Courts of common law ; and a 
discovery thereof may be obtained as upon a like 
application to those Courts, or a judge thereof, imder 
the Common Law Procedure Act, 1854. 

ACTIONS ON LOST INSTRUMENTS. 

76. In actions on negotiable instruments, the Vice 
Warden may order that the loss of such instrument 
shall not be set up, provided an indemnity be given 
to the satisfaction of the Vice Warden or of the Re- 
gistrar against the claims of any other person thereon. 



COURSE OP PRACTICE AND EVIDENCE ON TRIALS 
AND INQUIRIES. 

77. Upon the trial of any cause the addresses to 
the jury shall be regulated as follows, unless the 
Court shall otherwise direct : — The party who begins, 



138 GEKEBAL OBDEBS — WBITS. 

his counsel or advocate, shall be allowed, in the event 
of his opponent not announcing, at the close of the 
case of the party who begins, his intention to adduce 
evidence, to address the jury a second time at the 
close of such case for the purpose of summing up 
the evidence; and the party on the other side, or 
his counsel, or advocate, shall be allowed to open the 
case, and also to sum up the evidence (if any) ; and 
the right to reply shall be the same as at present. 

78. It shall be lawful for the Court, at the trial 
of any cause, where the Judge may deem it right for 
the purposes of justice, to order an adjournment for 
such time, and subject to such terms and conditions 
iis to costs, and otherwise, as he may think fit. 

79. K any person called as a witness, or required 
or desiring to make an affidavit or deposition, shall 
refuse or be imwilling from alleged consciencious 
motives to be sworn, it shall be lawful for the Court, 
or officer, or person qualified to take affidavits or 
depositions, upon being satisfied of the sincerity of 
such objection, to permit such person, instead of being 
sworn, to make his or her solenm affirmation or decla- 
ration in the words following ; videlicet, 

* I A.B, do solemnly, sincerely, and truly affirm and 
' declare, That the taking of any oath is, according 

* to my religious belief, unlawful ; and I do also 

* solemnly, sincerely, and truly affirm and declare, 

Which solemn affirmation and declaration shall be of 
the same force and effect as if such person had taken 
an oath in the usual form. 



P&ACTIOE Oir TBIALS, ETC. 139 

80. A party producing a witness shall not be al- 
lowed to impeach his credit bj general evidence of 
bad character, but he may, in case the witness shall, 
in the opinion of the Judge, prove adverse, contradict 
him by other evidence, or, by leave of the Judge, 
prove that he has made at other times a statement 
inconsistent with his present testimony; but before 
such last mentioned proof can be given, the circum- 
stances of the supposed statement, sufficient to desig- 
nate the particular occasion, must be mentioned to 
the witness, and he must be asked whether or not he 

'has made such statement. 

81. If a witness, upon cross-examination as to a 
former statement made by him relative to the subject 
matter of the cause and inconsistent with his present 
testimony, does not distinctly admit that he has made 
such statement, proof may be given that he did in 
feet make it ; but before such proof can be given, 
the circumstances of the supposed statement, suffi- 
cient to designate the particular occasion, must be 
mentioned to the witness, and he must be asked 
whether or not he has made such statement. 

82. A witness may be cross-examined as to previous 
statements made by him in writing, or reduced into 
writing, relative to the subject-matter of the cause, 
without such writing being shewn to him ; but if it is 
intended to contradict such witness by the writing, 
his attention must, before such contradictory, proof 
can be given, be called to those parts of the writing 
which are to be used for the purpose of so contradict- 



14fO GXNEBAL OBDEBS — ^WBITS. 

ing him : provided always, that it shall be competent 
for the Judge, at any time during the trial, to require 
the production of the writing for his inspection, and 
he may thereupon make such use of it for the purposes 
of the trial as he shall think fit. 

88. A witness in any cause may be questioned as. 
to whether he has been convicted of any felony or 
misdemeanor, and, upon being so questioned, if he 
either denies the fact, or refuses to answer, it shall be 
lawful for the opposite party to prove such conviction ; 
and a certificate containing the substance and efiect 
only (omitting the formal part) of the indictment and 
conviction for such ofience, purporting to be signed 
by the clerk of the Court, or other officer having the 
custody of the records of the Court where the ofiender 
was convicted, or by the deputy of such clerk or officer 
(for which certificate a fee of five shillings and no 
more shall be demanded or taken), shall, upon proof of 
the identity of the person, be sufficient evidence of the 
conviction, without proof of the signature or official 
character of the person appearing to have signed the 
same. 

84. It shall not be necessary to prove by the attest- 
ing witness any instrument to the validity of which 
attestation is not requisite ; and such instrument may 
be proved by admission, or otherwise, as if there had 
been no attesting witness thereto. 

85. 'Comparison of a disputed writing with any 
writing proved to the satisfaction of the Judge to be 
genuine shall be permitted to be made by witnesses ; 



PBAOTIOE Oy TBIALS, ETC. 141 

and such writings, and the evidence of witnesses re- 
specting the same, may be submitted to the Court 
and jury as evidence of the genuineness, or otherwise, 
of the writing in dispute. 

86. Upon the production of any document as evi- 
dence at the trial of any cause, it shall be the duty of 
the officer of the Court, whose duty it is to read such 
document, to call the attention of the Judge to any 
omission or insufficiency of the stamp ; and the docu- 
ment, if unstamped, or not sufficiently stamped, shall 
not be received in evidence until the whole or (as the 
case may be) the deficiency of the stamp duty, and 
the penalty required by statute, together with the 
additional penalty of one pound, shall have been paid ; 
and such officer of the Court shall, upon payment to 
him of the whole, or (as the case may be) of the de- 
ficiency, of the stamp duty payable upon or in respect 
of such document, and of the penalty required by 
statute, and of the additional penalty of one pound, 
give a receipt for the amount of the duty or deficiency 
which the Judge shall determine to be payable, and 
also of the penalty, and thereupon such document 
shall be admissible in evidence, saving all just excep- 
tions on other grounds. And all the provisions of 
the Act 17 & 18 Vict. c. 125. s. 29 and 30 shall be 
observed by the officer who shall receive such duty 
and penalty : provided always, that this rule shall not 
extend to any document which cannot be stamped after 
the execution thereof on payment of the duty and a 
penalty. 



142 OENEBAL OBDEBS — WBITS. 

87. No new trial shall be granted by reason of the 
ruling of the Judge that the stamp upon any document 
is sufficient, or that the document does not require a 
stamp. 



EIAMIITATIGN OP WITNESSES OUT OF eOTTHT. 

88. The course and practice of examination of wit- 
nesses vivd voce out of Court by order of the Vice 
Warden shall be the same as under orders No. 49, 
50 and 51 on the Equity side of the Court ; and the 
practice as to the admissibility of such examinations 
shall be the same, as nearly as may be, a& in the case 
of examinations taken by order of the superior Courts 
under the authority of the act 1 Wm. 4. c. 22. 

TBIAL or ISSUE BY THE COUBT BY CONSENT. 

89. The parties to any cause may, by consent in 
writing, signed by them or their attorneys, as the case 
may be, leave the decision of any issue of fact to the 
Court, provided that the Yice Warden, upon a motion, 
or a summons, shall, in his discretion, think fit to 
allow such trial ; and such issue of fact may thereupon 
be tried and determined, and damages assessed by the 
Vice Warden, where necessary, in open Court ; and 
the verdict of the Vice Warden shall be of the same 
effect as the verdict of a jury, save that it shaU not 
be questioned upon the ground of being against the 



TBIAL or ISSUE BY CONSENT. 143 

weight of evidence ; and the proceedings upon and 
after such trial, as to the power of the Court, the 
evidence, and otherwise, shall be the same as in the 
case of trial by jury. 

90. If upon the trial of any issue of fact by the 
Vice Warden under this order it shall appear to him 
that the questions arising thereon involve matter of 
account which cannot conveniently be tried before 
him, it shall be lawful for him, at his discretion, to 
order that such matter of account be referred to the 
Begistrar of the Court, upon such terms as to costs 
and otherwise as he shall think reasonable; and 
the proceedings before the Eegistrar shall be the 
same as in case of references to him in causes on the 
Equity side of the Court, and judgment shall be entered 
up in pursuance of his certificate when confirmed; 
and it shall be competent for the Yice Warden to 
proceed to try and dispose of any other matters in 
question, not referred, in like manner as if no reference 
had been made. 



MOTION FOB NEW TBIALS, &C. 

91. A motion for a new trial, or to enter a verdict 
or nonsuit, or in arrest of judgment, or for judgment 
nan obstante veredicto, must be made on or before the 
third day after the day of trial, exclusive of that day, 
unless the Court shall, on application within that timo, 
permit the motion to be postponed; or shall, by a 
general order on or before the first day of sittings. 



144 GENEEAL OBDEBS — ^WBITS. 

direct that such motions shall, during those sittings, 
be made on some earlier or later day after the day of 
trial. 

92. On motion to arrest judgment, or for judgment 
non obstante, Sfc, by reason of the nonaverment of 
some alleged material fact or allegation, or other cause, 
the party whose pleading is defective may, by leave of 
the Court, suggest the existence of the omitted fact 
or matter which would remedy the defect ; and such 
suggestion, if not admitted, may be pleaded to within 
four days after notice thereof, and, on issue joined, 
may be tried as in an ordinary action ; and, if admitted 
or found true, judgment shall be given as if the fact 
or allegation had been originally stated and proved, 
or admitted on the trial, together with the costs of, 
and occasioned by, the suggestion. If found untrue, 
the opposite party shall be entitled to such costs in 
addition to any other costs. 

93. The costs in cases of new trial, nonsuit, arrest 
of judgment, and judgment non obstante, Sfc, shall be 
adjudged and dealt with according to the practice of 
the superior Courts. 

94. A new trial may, if the Court think fit, be 
granted on condition that the party obtaining such 
new trial do consent to proceed to such trial on a sub- 
sequent day, to be named by the Vice "Warden, during 
the same sittings at which the first trial took place, or 
at which the rule for a new trial was made absolute, 
although the jurors on the new trial may not be among 
the jurors summoned one week before the then sit- 
tings according to the ordinary course of practice; 



ICOTIOK rOB KEW TBIALS, &C. 145 

but in such case, the jurors shall be persons duly qua- 
lified to serre as jurors in the Vice Warden's Court, 
and shall be subject to the right of challenge and the 
other provisions for completing the requisite number 

of jurors contained in sect. 34 of the Act 6 & 7 Wm. 4. 

c. 106. 

JUDGMENT. 

95. No rule for judgment shall be necessary. 

96. Judgments, interlocutory or final, are to be en- 
tered or recorded as of the day of the month and year 
when signed, and shall relate to that day only, unless 
a judgment be entered nunc pro tunc by order of the 
Court; and judgment shall be deemed to be signed and 
entered up, when a minute or note thereof shall have 
been made in the Eegistrar's book, with the amount 
of taxed costs added thereto, and signed by the Eegis- 
trar ; and interest will run on the amount of the judg- 
ment debt from the date of such signing. 

97. Whenever it may become necessary to make up 
a formal record of a judgment, it shall be written or 
engrossed on paper, and shall set forth the pleadings 
and proceedings in the Court down to the judgment, 
inclusive. The form of a judgment for the plaintiff*, 
after a verdict by a jury or by the judge, uvdll be found 
in the Schedule annexed, by way of example, under (F). 

As to distinguishing between the debt and damages 
^n awarding a sum of money by the judgment, see 
ante, Eule No. 67. 

H 



146 GENEBAL OSDERS — ^WBITS. 



EXECUTION. 



98. Execution shall be by writ of fieri facias or 
of capias ad satisfaciendum within the Stannaries, and 
(if the proceedings be for the recovery of a sum not 
exceeding 501.) by writ of fieri facias to be executed 
by the high bailiff of a County Court out of the 
jurisdiction ; and the writs for execution within the 
Stannaries may be sued out and issued without 
special leave of the Court, in cases wherein they may 
be lawfully so sued out and issued on a like judgment 
in any inferior Court of record, save only that a capias 
shall not issue before a return of nulla lona, or of an 
insufficient levy, to a writ of fieri facias. Such 
writs may be in the Forms under (G.) in the Schedule 
annexed. 

99. When the debt or damages recovered, or 
sought to be recovered, shall exceed 50Z., and the 
judgment cannot be enforced within the Stannaries, 
the parties will be at liberty, without special leave of 
the Court, to proceed, as they may be advised, for 
execution out of the jurisdiction under sect. 9 of the 
Act, 18 Vict. c. 32. 

100. A writ of execution to be executed by the 
high bailiff of a County Court is not to be issued 
except on satisfoctory proof, by affidavit or otherwise, 
to the Eegistrar that the judgment cannot be con- 
veniently or effectually enforced by the ordinary pro- 
cess of the Court within the jurisdiction thereof. 

101. A plaintiff or defendant, having obtained a 



EXECUTION'. 1 47 

verdict, shall be entitled to sue out execution in four- 
teen days, unless the Court shall order execution 
to issue at an earlier or later period, with or without 
terms. 

102. The Court shall luiye power, if it see fit so 
to do, upon the application of the plaintiff in niiy 
action for the detention of any chattel, to order that 
execution shall issue for the return of the chattel 
detained, without giving the defendant the option 
of retaining such chattel upon paying the value 
assessed, and that, if the said chattel cannot be found, 
and unless the Vice Warden should otherwise order, 
the bailiff shall distrain the defendant by all his goods 
and chattels in the Stannaries, till the defendant 
render such chattel ; or, at the option of the plaintiff, 
that he cause to be made of the defendant's goods 
the assessed value of such chattel ; and for this pur- 
pose the writs of execution used, in such cases, in 
the superior Courts may be adopted, mutatis mutandus^ 
in this Court ; provided that the plaintiff shall, either 
by the same or a separate writ of execution, be en- 
titled to have made of the defendant's goods the 
damages, costs, and interest in such action. 

103. Except where it is otherwise provided by 
these rules, it shall not be necessary to make up any 
formal record of the judgment before issuing execu- 
tion, but the costs must be taxed, the judgment 
signed, and a praecipe for the writ must be filed with 
the Eegistrar before it is issued. 

104f. Writs of execution shall bear date on the day 
H 2 



148 GHHEEAL OEDEES— WBIT8. 

of issuing, and be sealed with the seal of the Court, 
and indorsed in like manner as in the superior Courts 
of common law. They shall be directed to the bailiff 
or bailiffs of the Stannaries, and, in the case of a 
ca, sa,, also to the keeper of the prison of the Court, 
and be made returnable immediately. 

105. In every case of execution, executed within 
the Stannaries, the party entitled to execution may 
levy the fees and expenses of the execution, over 
and above the sum recovered. 

106. A writ of execution issued hereafter, if 
unexecuted, shall not remain in force for more than 
one year from the date of such writ, unless renewed ; 
and such writ may, at any time before its expiration, 
be renewed by the party issuing it for one year 
from the date of such renewal, and so on from time 
to time during the continuance of the renewed writ, 
the same being sealed and marked by the Eegistrar 
with the date of the renewal ; and a writ of execu- 
tion so renewed shall have effect, and be entitled 
to priority, according to the time of the original 
delivery thereof. 

107. A written order under the hand of the at- 
torney in the cause, by whom any writ of capias 
ad satufadendiim shall have been issued, shall justify 
the gaoler, bailiff, or person in whose custody the 
party may be under such writ, in discharging such 
party, unless the party for whom such attorney 
professes to act shall have given written notice to 
the contrary t« such gaoler or other person in whos(3 



EXSCUTIO^r. 149 

custody the opposite party may be ; but such dis- 
charge shall not be a satisfaction of the debt unless 
made by the authority of the creditor ; and nothing 
herein contained shall justify any attorney in giving 
such order for discharge without the consent of his 
client. 

108. A person already in the prison of the Court 
may be charged in execution by an order of the Vice 
Warden made upon affidavit that judgment has been 
signed and is not satisfied ; and the service of such 
order upon the keeper of the prison for time being 
shall have the effect of a detainer. 

109. The bailiffs of the Stannaries shall be com- 
pellable to return writs by orders of the Court, issued 
on application either to the Vice "Warden, or to the 
Begistrar when the Court is not sitting ; or for 
default of obedience to such order they will be liable 
to attachment, and also to summary proceedings imdcr 
the Act, 7 Vict. c. 19. 

BEVTVAL OP JUDOMEITTS. 

110. Execution may issue within six years ifrom the 
recovery of the judgment without a revival of the 
judgment, under the same circiunstances under which 
it may now lawfully issue in the superior Courts of 
common law. 

111. Where it shall become necessary to revive a 
judgment, by reason either of lapse of time, or of a 
change by death or otherwise of the parties entitled 



150 GENEBAL OEDBBS— WBITS. 

or liable to execution, the party entitled to execution 
may apply to the Vice Warden for leave to have exe- 
cution of the judgment and to issue execution there- 
upon ; such leave to be granted upon a rule to show 
cause, or a summons, to be served in such manner as 
the Vice "Warden may direct, and which rule or 
summons may be in the form (H.) contained in the 
Schedule annexed, or to the like effect. 

112. Upon such application, in case it manifestly 
appears that the party making the same is entitled to 
execution, the Vice Warden may allow execution to 
is&ue, and may direct whether or not the costs of such 
application shall be paid to the party making the 
same ; and in case it does not manifestly so appear, 
the Vice Warden shall discharge the rule or dismiss 
the summons with or without costs. 

113. In cases to which the above provision for re- 
vival is not applicable, or where the Vice Warden 
shall not think fit to interfere on motion or sum- 
mons, the party alleged to be entitled to revival may 
proceed by action on the judgment or by a writ 
in the nature of a writ of revivor; and such writ 
shall be in form (I.), mutatis mutandis^ in the 
Schedule annexed, and shall be served and proceeded 
upon as a writ of summons, and the provisions and 
rules touching such writs of revivor contained in the 
Common Law Procedure 'Acts, 1852 and 1854, shall 
apply, and be observed so far as they are consistent 
with the limited jurisdiction and constitution of this 
Court, an4 with the forms of procedure and process 
used therein. 



DIBOOITTIFnANCE. 151 



DISOOITTINUANCE. 

114. A rule of Court to discontinue may be granted 
by tbe Eegistrar as of course before argument, trial, 
or inquiry, the plaintiff undertaking to pay costs and 
consenting to judgment of nan pros upon nonpayment 
within four days after taxation. 



ABATEMENT OP ACTIONS. 

116. The death of a plaintiff or defendant shall not 
cause the action to abate, but it may be continued as 
hereinafter mentioned. 

116. K there be two or more plaintiffs or defend- 
ants, and one or more of them die, if the cause of 
action shall survive to or against the survivor or 
survivors, the action shall not be thereby abated ; but 
such death being suggested upon the proceedings in 
the suit, the action shall proceed at the suit of, or 
against, the survivor or survivors. 

117. In case of the death of a sole plaintiff or sole 
surviving plaintiff, his legal representative may, by 
leave of the Vice Warden or Eegistrar, file a suggestion 
of the death, and that he is such legal representative, 
and the action shall thereupon proceed ; and if such 
suggestion be made before the trial, the truth of the 
suggestion shaU be tried thereat, together with the 



162 GEITEBAL OBDEBS — "WHITS. 

title of deceased plaintiff, and such judgment shall 
fellow upon the verdict in favour of or against the 
person making such suggestion, as if such person were 
originally the plaintiff. 

118. Where a person, entitled to revive a suit afber 
the death of any party to it, refuses or omits to do so, 
he may be compelled to continue it, or to pay costs, as 
under sect. 92 of the Common Law Procedure Act, 1854. 

119. In case of the death of a sole defendant or sole 
surviving defendant, where the action survives, the 
plaintiff may make a suggestion in any of the plead- 
ings (if the cause has not arrived at issue), or file a 
suggestion (if it has so arrived) of the death, and 
that a person named therein is the executor or admi- 
nistrator of the deceased, and may thereupon serve 
such executor, &c., if he be found within the 
jurisdiction of the Court, with a copy of the writ 
and suggestion and with a notice, signed by the 
plaintiff or his attorney, requiring such executor, &c. 
to appear within eight days after service of the notice, 
inclusive of the day of such service, and that in default 
of his so doing the plaintiff may sign judgment against 
him as such executor, <&c. ; and the same proceedings 
may be had. and taken in case of nonappearance after 
such notice as upon a writ against such executor, &c, 
in respect of the salne cause of action ; and in case 
no pleadings have taken place before the death, the 
suggestion shall form part of the declaration, and both 
may be served together, and the new defendant shall 
plead thereto at the same time; and in case the 



ABATEMENT OE ACTIONS. 158 

plaintiff shall have declared, but the defendant shall 
not have pleaded before the death, the new defendant 
shall plead at the same time to the declaration and 
suggestion : and in case the defendant shall have 
pleaded before the death, the new defendant shall l)e 
at liberty to plead to the suggestion only by way of 
denial, or such plea as may be appropriate to and 
rendered necessary by his character of executor, &c., 
unless, by leave of the Vice Warden, he shall be 
permitted to plead fresh matter in answer to the deck- 
ration : And in case the defendant shall have pleaded 
before the death, but the pleadings shall not have 
arrived at issue, the new defendant, besides pleaduig 
to the suggestion, shall continue the pleadings to issue 
as the deceased might have done, and the pleadings 
upon the decoration and upon the suggestion shall be 
tried together ; and in case the plaintiff shall recover* 
he shall be entitled to the like judgment in respect of 
the debt, damages, and costs of all the proceedings, 
as he would have in the superior Courts. 

120. If the plaintiff or defendant in any action 
happen to die after an interlocutory judgment and 
before a final judgment obtained therein, the action 
shall not abate by reason thereof, if such action 
might be originally prosecuted or maintaiued by or 
against the executor or administrator of such plaintiff 
or defendant respectively, but proceedings shall be 
taken as prescribed by sect. 140 of the Common Law 
Procedure Act, 1852, so far as is consistent with the 
limited jurisdiction and process of the Court. 
h3 



154 GBNEBAL OEDEBS— WEITS. 

121. The marriage of a woman plaintiff or defend- 
ant shall not cause the action to abate, but the action 
may, notwithstanding, be proceeded with to judgment ; 
and such judgment may be executed against the wife 
alone, or, by suggestion or writ of revivor, judgment 
may be obtained against the husband and wife, and 
execution issue thereon ; and in case of a judgment 
for the wife, execution may be issued thereupon by 
the authority of the husband without any writ of 
revivor or suggestion ; and if in any such action the 
wife shall sue or defend by attorney appointed by her 
when sole, such attorney shall have authority to con- 
tinue the action or defence, imless such authority be 
countermanded by the husband, and the attorney duly 
changed. 

122. The bankruptcy or insolvency of the plaintiff 
in any action, which the assignees might maintain for 
the benefit of the creditors, shall not be pleaded in 
bar to such action, unless the assignees shall decline 
to continue, and give security for the costs thereof, on 
an order of the Vice Warden to be obtained for that 
purpose, within such reasonable time as the Vice 
"Warden may order; but the proceedings may be 
stayed until such election is made; and in case the 
assignees neglect or refuse to continue the action 
and give such security, the defendant may, within 
eight days after such neglect or refusal, plead the 
bankruptcy. 



▲MENDHSNT. 



AMENDBTENT. 



156 



128. It shall be lawful for the Vice Warden at all 
times, and for the Eegistrar before hearing, and subject 
to appeal to the Vice "Warden as provided in sect. 19 
of the Act, 18 Vict. c. 32, to amend aU defects and 
errors in any proceeding in causes, whether there be 
anything in writing to amend by or not, and whether 
the defect or error be that of the party applying to 
amend, or not ; and all such amendments may be 
made with or without costs, and upon such terms as 
to the Vice Warden or Eegistrar may seem fit ; and 
all such amendments as may be necessary for the pur- 
pose of determining, in any exi&ting suit, the real 
question in controversy between the parties, shall be 
80 made. 

124. Applications made for amending proceedings or 
pleadings, before trial or hearing, are to be made to the 
Eegistrar, and not to the Vice Warden in the first 
instance, except when the CoiuH} is sitting ; and where 
the application is not ex pa^te, or of course, particulars 
of the proposed amendment are to be shortly specified 
in the summons to attend before the Eegistrar. 

125. Where the amendment made is one which will, 
or may, alter or afiect the subsequent pleadings of the 
opposite party, the Eegistrar is to allow to such party 
such further time for pleading or amending as to him 
shall seem reasonable under the circumstances; but 



156 GENEBAL OBDEBS— WBITS. 

not SO as to extend the time for pleading or demurring 
for want of jurisdiction. 

126. Where the amended pleading has been pleaded 
to before amendment, and the opposite party does not 
plead anew within the time allowed to him, his former 
pleading shall be considered as pleaded to the amended 
pleading. 



DEMIJBBEB. 

127. Upon the filing of a demurrer, the opposite 
party must join in demurrer in four days, otherwise 
judgment may be signed. The form of demurrer and 
joinder will be found under (D) in the Schedule 
annexed. 

128. A demurrer may be set down for argument by 
either party four clear days before the day on which 
it is to be argued. 

129. The demurrer, when filed, must state either in 
the body of it, or in the margin, at least one sub- 
stantial point of law intended to be argued ; otherwise 
the demurrer may be set aside by the Vice Warden, 
and judgment signed for want of a plea. 

130. Where judgment for the plaintiff on demurrer 
is not final, but interlocutory, the judgment will be an 
authority to proceed to an inquiry of damages, without 
further order of the Court ; or the Court may direct 
a reference to the Eegistrar to ascertain the damages, 
under No. 66 of these rules* 



MOTIONS, AND BULES. 157 



MOTIONS AND BIJLES. 

131. Eules are to be dated of the day and year when 
drawn up. 

132. When the Court is not sitting, motions for 
rules nm, and for rules absolute in the first instance, 
and motions not requiring the personal attendance of 
parties or their solicitors made in any cause, may be 
made by handing the motion paper and accompanying 
affidavits or other documents to the Secretary, who will 
forthwith transmit them to the Vice Warden, unless 
he shall observe any clear irregularity in the motion 
or accompanying papers which he may think fit to 
bring to the notice of the party moving before trans- 
mission. 

133. Except in cases in which it is otherwise pro- 
vided by the present rules, or otherwise ordered by 
the Vice Warden, rules nisi are to be drawn up to 
show cause within four days after service thereof, or 
within the first four days of the next sittings, (as the 
case may be.) 

134. Eules nisi will be no stay of proceedings unless 
so expressed, except in the cases of rules for new trials, 
or to enter a verdict, or a nonsuit, or to arrest judg- 
ment, or for judgment non obstante^ or to set aside an 
award. 

135. On service of a rule or order, it shall not be 



168 GEKBEAL OEDEES— WEITS. 

necessaiy to show the original, unless sight thereof be 
demanded, except in cases of attachment. 

136. Upon motions founded upon affidavits it shall 
be lawful for either party, with leave of the Vice 
Warden, to make affidavits in answer to the affidavits 
of the opposite party, upon any new matter arising 
out of such affidavits. 

137. Upon the hearing of any motion or summons 
it shall be lawful for the Vice Warden, at his discre- 
tion, and upon such terms as he shall think reasonable, 
from time to time to order such documents as he may 
think fit to be produced, and such witnesses as he may 
think necessary to appear and be examined vivd voce, 
either before himself or before the Eegistrar ; and upon 
hearing such evidence, or reading the report of such 
Eegistrar, to make such rule or order as may be just ; 
and the Vice Warden may by such rule, or any subse- 
quent one, or by subpoena, compel the attendance of 
the witnesses named therein for the purpose of being so 
examined, or the production of any writings or other 
documents to be mentioned in such rule or subpoena ; 
and such rule or order shall, so far as is compatible with 
the limited jurisdiction of the Court, be proceeded upon 
in the same manner and shall have the same force and 
effect as a rule of Court under the Act 1 Wm. 4. c. 22. ; 
and it shall be lawful for the Vice Warden or Eegis- 
trar to adjourn the examination from time to time ; 
and the proceedings upon such examination shall be 
conducted, as nearly as may be, in the mode in use 



KOTIONS AUTD BULES. 159 

"mth. lespect to like ezaminationB in the Superior 
Courts. 

188. The proceedings and forms in process of 
attachment within the Stannaries for disobedience 
of any lawful rule or order of the Court, or of a 
subpama ad testificandum^ or for any contempt, shall 
as nearly as may be, and subject to the provisions of 
the Act 2 & 3 Vict. c. 58, section 8, conform to the 
proceedings and forms in like cases in the Court of 
Queen's Bench, but any writ, which, in like cases in 
the superior Courts, would run in the Queen's name, 
is to be addressed by the Lord Warden to some 
bailiff or bailiffs of the Stannaries, commanding him 
or them, in the Queen's name, to attach, &c., and is 
to be dated and sealed and to be indorsed as in the 
Court of Queen's Bench ; and in and by any such writ 
all constables and peace officers may be required to be 
aiding and assisting the said bailiffs in the execution 
thereof. 

ATFIDATITS. 

139. All affidavits used on motions or applications 
to the Vice Warden or Eegistrar, or for any purpose 
in a cause or matter, are to be filed. 

140. Affidavits used on obtaining a rule nisi or 
summons are to be filed immediately upon the grant- 
ing of the rule or issuing of the summons. 

141. All affidavits used in any cause are to be 
headed " Court of the Vice Warden of the Stannaries." 



160 GEITEEAL 0EDEE8— WHITS. 

They are to be drawn and expressed in the first person : 
K not so drawn and expressed, the affidavit may, 
nevertheless, 'be read and used, but the Eegistrar 
may in his discretion disallow the costs of it; and 
when a deponent speaks of facts only from the infor- 
mation of others, and not from his own knowledge, 
he must so state in his affidavit. 

142. The rules of the superior Courts of common 
law as to the form of jurats, and the swearing of 
affidavits before attorneys or their clerks, must be 
observed in affidavits used in this Court. 



STAT or PEOCEEDnTQS. 

143. Interlocutory applications to the Eegistrar for 
amendment, or on objection to pleadings or proceed- 
ings, or for particulars of demand, or set-off, or for 
other purposes, are to operate as a stay of proceedings 
if, and for such time only as, the Eegistrar shall 
direct. 

144. The time during which proceedings in a suit 
are stayed by order, or otherwise, is to be excluded in 
the computation of the time limited by these orders 
for filing any pleadiags. 

COSTS; SETTrNQ OEF DAMAGES OE COSTS. 

145. One day's notice of taxing costs, together with 
a copy of the bill of costs and affidavit of increase (if 
any), must be given by the attorney of the party 



COSTS; SETTING OFF DAMAGES OB COSTS. 161 

whose costs are to be taxed to the other party, or 
his attorney, in all cases where a notice to tax is 
necessary. 

146. Notice of taxing costs shall not be necessary 
in any case where the defendant has not appeared in 
person, or by his attorney or guardian. 

147. When issues in law and fact are raised, the 
costs of the several issues, both in law and feet, will 
follow the finding or judgment ; and if the party en- 
titled to the general costs of the cause obtains a 
verdict on any material issue, he will also be entitled 
to the general costs of the trial ; but if no material 
issue in fact be found for the party otherwise entitled 
to the general costs of the cause, the costs of the trial 
will be allowed to the opposite party. 

148. No set-off of damages or costs between parties 
shall be allowed to the prejudice of the attorney's lien 
for costs in the particular suit against which the set-off 
is sought ; provided nevertheless, that interlocutory 
costs in the same suit, awarded to the adverse party, 
may be deducted. 



SEEVICE OF BULES, ETC. ON PABTIES OE THEIB 
ATTOBNETS. 

149. Every attorney of a party suing or defending 
by attorney is to subscribe, indorse or write upon all 
pleadings, notices, summonses, rules, orders or other 
written proceedings his name and place of business, 
and if such place be distant more than three miles 



162 GEKSBAL OBDSBB — WBITS. 

from the Eegistrar's Office, he is also to leave with 
the Eegistrar some other address within that distance 
where such proceedings may be left for him, or he 
may give such other directions as he shall think fit 
for service of such documents by the General Post. If 
no such address for service or directions shall have 
been left with the Eegistrar, the service is to be in 
such other mode as shall be substituted by order of 
the Vice Warden. 

160. Every party suing or defending in person, is 
in like manner, to subscribe, indorse or write his name 
and residence upon such documents, and if his resi- 
dence be distant more than three miles from the said 
office, he is also to leave an address for service within 
that distance, or give directions for service as above 
by the General Post. In the absence of such address, 
or directions for service, such documents may, by leave 
of the Vice Warden, be stuck up in the office. 

151. Where the proceeding is before the Registrar, — 
as in the case of a reference to him or of taxation of 
costs, — and no such address or directions have been 
given, notices, summonses and orders by the Eegistrar 
may be stuck up in the office in lieu of other service 
without special leave of the Vice Warden. 

152. In the case of service of any such document, 
by direction of the party or his attorney, by the 
General Post, the document shall be deemed to be 
served at the time when it is posted, and it shall not 
be necessary to show that it has reached the party 
to whom it is addressed. 



8EBYI0E 07 BTTLES. 163 

168. Every notice required by the order or practice 
of the Court shall be in writing. 

164. Upon service of a rule or order, the original 
need not be shown unless sight thereof be demanded. 

156. Service of such documents as are above de- 
scribed shall be made before seven o'clock p.m., and 
service after that hour is to be deemed to be service 
on the day following, excluding Sundays. 

156. The above rules (No, 149 to 155) do not apply 
to cases where personal service is necessary, or to cases 
of attachment or process of contempt, or to cases where 
other service is prescribed by these present Eules, 
or by special order of the Court, or by any Act of 
Parliament. 

PBOGEEDI^OS IS EJECTMENT. 

The action of ejectment for recovery of the posses- 
sion of mines within the Stannaries, or of buildings, 
machinery, works and waters annexed thereto and oc- 
cupied therewith, shall be prosecuted in the following 
manner : — 

157. A writ shall be issued, directed to the persons 
in possession by name, and to all persons entitled to 
defend the possession of the property claimed, which 
property shall be described in the writ with reasonable 
certainty, and the Stannaries or county in which it is 
situate shall be specified. 

158. The writ shall state the names of all the per- 
sons in whom the title is alleged to be, and command 



164 GXI!rBBAL OBDEBS— VTBITS. 

the persons, to whom it is directed, to appear within 
fourteen days after service thereof, to defend the posses- 
sion of the property sued for, or such part thereof as they 
may think fit, and it shall contain a notice that in default 
of appearance they will be turned out of possession ; 
and the writ shall bear date of the day on which it is 
issued, and shall be in force for three months, and 
shall be in the form (K.) contained in the Schedule 
annexed, or to the like effect ; and be indorsed with 
the name and abode, &c., of the attorney or party 
issuing it, as in case of writs of summons under Eule, 
No. 3. 

169. The writ shall be served within the jurisdic- 
tion, or, by order of the Vice "Warden, out of the juris- 
diction, in the same manner as in the superior Courts 
of common law, or in such manner as the Vice Warden 
shall upon motion order, and, in case of vacant posses- 
sion, by posting a copy thereof upon the door of the 
Account House, or other conspicuous part of the pro- 
perty sought to be recovered, and moving, upon an 
affidavit of the circumstances, that the same be suffi- 
cient service. 

160. Application to the Vice Warden for leave to 
serve any writ out of the jurisdiction under sect. 16 
of the Act 18 Vict. c. 32. is to be by motion, exparte^ 
and affidavit, showing the necessity of such service. 

161. The persons named as defendants in such writ, 
or either of them, shall be allowed to appear within 
the time appointed. 

162. Any other person not named in such writ 



PB0CEKDIN68 IN EJICTMSITT. 165 

shall, by leave of the Vice Warden or of the Begis- 
trar, be allowed to appear and defend on filing an 
affidavit showing that he is in possession of the land 
either by himself or his tenant; and he shall thereupon 
enter an appearance in the action against the party or 
parties named in the writ as defendant or defendants, 
and shall forthwith give notice of such appearance to 
the plaintiff's attorney, or to the plaintiff if he sues in 
person. 

163. A person named as defendant in the writ, or 
allowed to appear and defend, shall be entitled to file 
a demurrer or plea to the jurisdiction within ten days 
after service or notice of the writ. 

164. Any person appearing to defend as landlord in 
respect of property whereof he is in possession only by 
his tenant, shall state in his appearance that he appears 
its landlord; and shall be at liberty to set up any de- 
fence which a landlord appearing in an action of eject- 
ment has heretofore been allowed to set up, and no 
other. 

165. Any person appearing to such writ shall be at 
liberty to limit his defence to a part only of the pro- 
perty mentioned in the writ, following the directions 
contained in sect. 174 of the Common Law Procedure 
Act, 1852. 

166. Want of " reasonable certainty" in the descrip- 
tion of the property shall not nullify the proceedings, 
but shall only be ground for an application to the Vice 
Warden or Eegistrar for better particulars of the land 
claimed or defended, who shall have power to give 



166 aSlTEBAL OBDEBS— WRITS. 

them in all cases, and also to order the plaintiff to give 
particulars of the breach of condition, or other cause 
of forfeiture or re-entry in respect of which the action 
may be brought. 

167. The Vice "Warden shall have power to strike 
out or confine appearances and defences set up by 
persons not in possession by themselves or their 
tenants. 

168. In case no appearance shall be entered 
within the time appointed, or if an appearance be 
entered but the defence be limited to part only, the 
plaintiffs shall be at liberty to sign a judgment that 
the person, whose title is asserted in the writ, shall re- 
cover possession of the land, or of the part thereof to 
which the defence does not apply; which judgments may 
be in the forms (L.) in the Schedule annexed. But 
no judgment in ejectment for want of appearance or 
defence, whether limited or otherwise, shall be signed 
without first filing an affidavit of due service of the 
writ and a copy thereof, or, where personal service 
has not been effected, without first obtaining an order 
of the Vice Warden authorizing the signing such 
judgment. 

169. When an appearance shall be entered, an issue 
may at once be made up, without any pleadings, by the 
claimant, setting forth the writ, the appearance with 
its date, the notice, if any, limiting the defence of each • 
defendant appearing, and directing the summoning of 
a jury. Such issue, where the defence is for the whole, 
may be in the form (M.) contained in the Schedule 
annexed, or to the like effect. 



PB00BSDINO8 ly EJEOTHSITT. 167 

170. By consent of the parties, and by leave of the 
Vice Warden, a special case may be stated according 
to the practice under the statute of 3 <& 4 Wm. 4. 
c. 42. 8. 25. 

171. The claimant is to proceed to trial upon the 
imue in the same manner as in other actions ; and 
copies of the particulars of the claim and defence, if 
any, and of the breaches of condition, &c., are to be 
annexed to the issue by the claimant ; and the ques- 
tion at the trial shall, (except in the cases hereafter 
mentioned), be, whether the statement of the title of 
the claimant is true or false, and, if true, then which 
of several claimants, if more than one, is entitled, and 
whether to the whole or part, and which part, of the 
property in question, and the verdict may be recorded 
in the Form (N.) in the Schedule. 

172. In case the title of the claimant shall appear 
to have expired after service of the writ and before 
the trial, the claimant shall, notwithstanding, be 
entitled to a verdict according to the fact, and to a 
judgment for his costs of suit. 

173. If the defendant appears, and the plaintiff or 
claimant does not appear at the trial, the plaintiff or 
claimant shall be nonsuited, and the defendant shall 
be entitled to judgment for costs of suit ; and if the 
plaintiff or claimant appears, and the defendant does 
not appear, the plaintiff or claimant shall be entitled 
to a verdict without producing any evidence, and 
shall have judgment for his costs. 

174. Upon a finding for the claimant, judgment 



168 OEKEBAL OBDEBS — ^WBITS. 

may be signed, and execution issue for the recovery of 
possession of the property and for coats within such 
time after the verdict as the Court shall order ; and 
if no such order be made, then within ten days after 
such verdict ; and in like manner upon a finding for 
the defendant, or any defendant, judgment may be 
signed, and execution issue for costs against the 
claimant or claimants named in the writ within such 
time as the Court shall order ; and if no such order be 
made, then within ten days after such verdict. 

175. Upon any judgment in ejectment for recovery 
of possession and costs, there may be either one writ 
or separate writs of execution for the recovery of 
possession and for the costs, at the election of the 
claimant. 

176. Where an action is brought by some or one 
of several joint tenants, tenants in common, or copar- 
ceners, against his co-tenant in possession, the defend- 
ant may proceed in his defence in conformity with the 
practice of the superior Courts in like case, and the 
issue, trial and judgment shall be the same, mutatis 



177. The provisions of the Common Law Proce- 
dure Act, 1852, in case of the death of the parties to 
an action of ejectment, shall be adopted in the action 
of ejectment brought in the Vice Warden's Court. 

178. A claimant in ejectment shall be at liberty at 
any time to discontinue as to one or more of several 
defendants, who may thereupon have judgment for costs, 
as in Form (0.) in the Schedule ; and one of several 



P£OC££DIKGS IN EJECTMENT. 169 

claimants may apply to the Vice Warden or Kogistrar 
to discontinue and have his name struck out of the 
proceedings, who may make such order accordingly as 
under the same Act. 

179. If after appearance the claimant omits to bring 
on the issue for trial at the next practicable sittings 
according to the practice of the Court, the defendant 
in ejectment may give fifteen days' notice to the claim- 
ant to proceed to trial at the sittings next after the 
expiration of the notice ; and if the claimant afterwards 
neglects to give notice of trial for such sittings, or to 
proceed to trial in pursuance of the said notice given 
by the defendant, and the time for going to trial shall 
not be extended by the Vice Warden, the defendant 
may sign judgment and recover the costs of defence, 
and the entry of such judgment may be in the form (P) 
in the Schedule. 

180. A sole defendant or all the defendants in eject- 
ment may confess the action as to the whole or part of 
the property by giving to the claimant a notice headed 
in the Court and cause, signed by the defendant or 
defendants, and attested by his or their attorney ; and 
thereupon the claimant shall be entitled to judgment 
and execution for the recovery of possession and costs, 
and the entry thereof may be in the form (Q) in the 
Schedule. 

181. In the case of one of several defendants in 
ejectment who shall desire to confess the claimants' 
title to the whole or part, the practice shall follow 
that of the superior Courts. 

I 



170 GENEBAL 0BDEB8 — WBITS. 

182. Where the writ of ejectment is brought by 
landlord against tenant for forfeiture of premises by 
reason of rent or dues in arrear, or for holding over 
after the determination of the sett or lease, the pro- 
visions of the Common Law Procedure Act, 1852, as 
to procedure, recovery of mesne profits, and other 
matters referred to in the same act shall be appli- 
cable, and may be put in force, so far as is compatible 
with the limited authority and jurisdiction of the 
Court ; saving, however, the right of such landlord to 
proceed under the foregoing provisions at his election. 

183. The Vice Warden shall and may, so far as by 
law he may or can, exercise over the proceedings in 
ejectment the like jurisdiction usually exercised by 
the superior Courts of law in the action of ejectment 
for the purpose of ensuring a trial of the title or (in 
the case of cotenants) of the fact of actual ouster, where 
such ouster is necessary to support the action, and for 
all other purposes for which such jurisdiction is now 
exercised in the said courts. 

Forms of execution in ejectment will be found 
under (E.) in the Schedule annexed. 



CLAIM or INJUNCTION. 

184. In all cases of breach of contract or other 
injury, where the party injured is entitled to maintain, 
and has brought, an action, he may claim a writ of 
injunction against the repetition or continuance of such 
breach of contract or other injury, or the committal 



CLAIM OF UrjTTSCTlOy. 171 

of any breach of contract or injury of a like kind 
arising out of the same contract, or relating to the 
same property or right ; and he may also in the same 
action include a claim for damages or other redress. 

185. The writ of summons in such action shall be 
in the same form as the writ of summons in other per- 
sonal actions, but on every such writ and copy thereof 
there shall be endorsed a notice that in default of 
appearance the plaintiff may, besides proceeding to 
judgment and execution for damages and costs, apply 
for and obtain a writ of injunction. The indorsement 
is to be in the form (S) in the Schedule. 

186. The proceedings and judgment in such action 
shall be the same, as nearly as may be, and subject to 
the like control, as the proceedings and judgment in a 
like action in the superior courts: and in case of 
disobedience such writ of injunction may be enforced 
by attachment by the Vice Warden within the juris- 
diction of his Court. 

187. It shall be lawful for the plaintiff at any time 
after the commencement of the action, and whether 
before or after judgment, to apply ex parte to the Vice 
Warden for a writ of injunction to restrain the de- 
fendant in such action from the repetition or continu- 
ance of the wrongful act or breach of contract com- 
plained of, or the committal of any breach of contract 
or injury of a like kind arising out of the same con- 
tract or relating to the same property or right ; and 
such writ may be granted or denied upon such terms as 
to the duration of the writ, keeping an account, giving 

I 2 



172 GEIOBBAL 0BDEB8 — VTBITS. 

security, or otherwise, as to the Vice Warden shall 
seem reasonable and just, and in case of disobedience 
such writ may be enforced by attachment within the 
said jurisdiction ; or the order may, on application, be 
varied, discharged, or set aside. 



MISGELLATTEOTIS. 

188. On every appointment made by the Eegistrar, 
the party on whom the same shall be served shall 
attend such appointment without waiting for a se- 
cond, or in default thereof the Eegistrar may proceed 
ex parte on the first appointment. 

189. In all causes in which there have been no 
proceedings for one year from the last proceeding 
had, the party, whether plaintiff or defendant, who 
desires to proceed shall give a calendar month's notice 
to the other party of his intention to proceed. The 
summons of the Vice Warden or Eegistrar, if no 
order be made thereupon, shall not be deemed a 
proceeding within this rule. Notice of trial, though 
afterwards countermanded, shall be deemed a proceed- 
ing within it. 

190. When the time for doing an act is limited by 
a certain number of days from or after any date or 
event, the computation shall exclude the day of the 
date or event, and include the last day of such limited 
time ; unless clear do/ys shall be expressed. 

191. When the last day so limited expires on 



laSCELLAITEOUS. 173 

Sunday, or any other day when the office is not open, 
that day shall also be excluded from the computation. 

192. The power of the Vice Warden or Eegistrar 
to enlarge or abridge the time for doing any act, or 
taking any proceeding, in a cause, is unaffected by 
these orders. 

193. Where the directions contained in these orders 
with respect to procedure or practice or other matters 
shall, through accident, mistake or oversight of parties, 
fidl to be followed, the Court reserves the power to 
rectify such mistake or oversight upon payment of 
costs or other terms as may be justified by the merits 
of the case. 



INTEBPBBTATIOIT OF ErLES. 

194. In these Eules the following words are to 
be interpreted as follows, except where the context 
requires a different construction : — 

The word "Be^trar*' includes any Eegistrar or 
person performing the duties of Eegistrar in and 
for the Stannaries of Devon. 

Party or person includes a body corporate or com- 
pany competent to sue or be sued by its officer, or in 
its registered name, and also a next friend and guardian 
ad litem. 

Affidavit includes affirmations; words importing the 
male sex include females; and words importing the 
singular number include the plural number, and 
e converso. 



SCHEDULE OF FORMS. 
SUITS BY WHIT. 



The following forms, and the use to be made of them, are to 
be considered as subject to the introductory observation 
on the Schedule of Forms, ante p. 101. 



(A.) 

WEIT or SUMMONS. 

The Lord Warden of the Stannaries 

To C. D. of in the county of 

I command you, that within eight days after the service 
of this writ on you, inclusive of the day of such service, you 
do cause an appearance to be entered for you at the office 
of the Registrar of the Court of the Vice Warden of the 
Stannaries at [Truro'] in an action at the suit of A. B.; and 
take notice, that in default of your so doing the said A. B. 
may proceed therein to judgment and execution. Dated 
this day of 

By the Court, (l. s.) 

Memorandum to be subscribed on the writ 

K.B. — This writ is to be served within three calendar 
months from the date thereof, or if renewed, from the 
date of such renewal, including the day of such date, 
and not afterwards. 



176 SCHEDULE OF TOBMS — WBITS. 



Indorsement to be made on the writ before service thereof. 

This writ was issued by E. F. of attorney for 

the said plaintiff, or, — This writ was issued in person by 
A. B., who resides at \meniion t?ie city, toum, or 

parish, and also the name of the street and number of the 
house, if any.l 

Indorsement to be made on the ujrit after service thereof by the 
bailiff. 

This writ was served by X. Y. on L. M. [the defendant 
or one of the defendants'], on Monday the day 

of 18 . 

(Signed) X. Y. (the bailiff or person serving,) 

Further indorsement before service, when the action is for 
payment of a debt, [See Rule No. 4, ante]. 

The plaintiff claims £ for debt and £ 

for costs, and if the amount thereof be paid to the plaintiff 
or his attorney within four days from the service hereof, 
further proceedings will be stayed. 



(B.) 

SPECIAI^ INDOBSEMSm:' ON A WBIT UNDEB BDLE NO. 8. 

The following are the particulars of the plaintiff's claim. 
[State the particulars with dates according to the fact ; for 
example"] : 

'* £50 on a bill of exchange for £100, dated, &c., accepted 
by the defendant ;" or " 20 tons of coals supplied to the 
defendant on 1 Deer. 1850, £14." 



SCHEDULE OF FOBMS. 177 

[7/* an account has been delivered, it may be referred to 
with its date ; or the claim must be described so as to dispense 
with application for further particulars. 

Add a claim of interest (where payable) from the date of 
the writ until judgment. 

Add also thefoUounng notice"] : — 

Take notice that if a defendant, served with this writ 
within the Stannaries, does not appear according to the 
exigency thereof, the plaintiff will be at liberty to sign final 
judgment for a sum not exceeding the sum above claimed 
[with interest at the rate specified], and the sum of 
for costs, and to issue execution at the end of eight days 
after the last day for appearance. 

(C.) 

JUDGMENT BT DEFAULT ON A WSIT SPECTALLT DTDOBSED. 

In the Court of the Vice Warden of the Stannaries. 
On the day of a.d. 

Stannaries of 1 A. B. in his own person \or, by 

to wit. J his attorney] sued out a 

writ of summons against C. D., indorsed as follows : 

[Here copy special indorsement]. 

And the said C. D. has not appeared : therefore it is con- 
sidered that the said A. B. recover against the said C. D. 
£ together with £ for costs of suit. 

(L.S.) 

(D.) 

DECLABATION AND PLEADINGS. 
(1.) FOBM OF DECLARATION. 

The Court of the Vice Warden of the Stannaries. 
The day of a. d. 

I 3 



178 SCHEDULE OF EOEMS — WBIT8. 

Stannariesof Cornwall, 1 A. B., miner, by X. his attorney, 
[or Devon] to wit. J sues C. D., miner, for Ihere state 

the cause of action, concltuiing as/oUows'\ : "and the plaintiff 

claims £ ," [or, if the action be to recover specific 

goods'} " claims a return of the said goods or their value, 

and £ for their detention. 

[The form of a declaration upon a plea in abatement for 

nonjoinder will be found in sect. 60 of the Common Law 

Procedure Act, 1852.] 

[Notice to plead within ten days, or judgment, is to be 

indorsed on this declaration.] 



Statements of Causes of Action, 

The following forms of pleading or the like forms, may 
be used with such modifications as the facts may require, 
but a departure from them will not make them irregular, 
if the language be intelligible, and the real ground of 
action be apparent and expressed without needless prolixity. 

When the cause of action arises within the Stannaries or 
relates to mines and minerals within them, it will be advis- 
able always to show this ; and where only one of the par- 
ties is a miner, it will be necessary to show it. If the suit 
be within the Stannaries of Devon the cause of action must 
appear to relate to some of the matters referred to in 
sect. 32 of 18 Vict. c. 32. 



On Contracts, 

1. For money payable by the defendant to the plaintiff 
for goods bargained and sold by the plaintiff to the defendant 
[" toithin the Stannaries aforesaid^* is to be added in this and 
the following forms, when necessary.] 

2. Work done and materials provided by the plaintiff for 
the defendant at his request. 



SCHEDULE OF FOBMS. 179 

3. Money lent by the plaintiff to the defendant. 

4. Money paid by the plaintiff for the defendant at his 
request. 

5. Money received by the defendant for the use of the 
plaintiff. 

6. Money found to be due from the defendant to the 
plaintiff on accounts stated between them. 

7. The defendant's use, by the plaintiff's permission, of 
messuages and lands of the plaintiff, [situate within the Stan- 
naries aforesaid]^ or of a watercourse, or of a stream of 
water of the plaintiff, &c. 

8. The hire of [as the case may be"} let to hire by the 
plaintiff to the defendant. 

9. Freight for the conveyance by the plaintiff for the 
defendant at his request of goods in a ship. 

10. That the defendant on the day of a.d. 
by his promissory note, given in payment for ores sold and 
delivered within the Stannaries aforesaid, and now over 
due, promised to pay to the plaintiff £ two months 
after date, but did not pay the same. ' 

11. That one A., on &c. [dafe], by his promissory note, 
now over due, promised to pay to the defendant, or order, 
£ [two'] months ^fter date; and the defendant 
indorsed the same to the plaintiff; and the said note was 
duly presented for payment, and was dishonoured, whereot 
the defendant had due notice, but did not pay the same. 

12. That the plaintiff, on &c. [date], by his bill of ex- 
change, now over due, directed to the defendant, required 
the defendant to pay to the plaintiff £ two months 
after date ; and the defendant accepted the said bill, but 
did not pay the same. 

13. That the defendant, on &c. [date], by his bill of ex- 
change directed to A., required A. to pay to the plaintiff 
£ months after date ; and the said bill was 
duly presented for acceptance, and was dishonoured, of 
which the defendant had due notice, but did not pay the 



180 SCHEDULE OF FORMS — WEITS. 

14. That the defendant occupied a mine, situate &c. 
under the sett or licence of the plaintiflT, for the space of 

, on the terms of paying to the plaintiff the dues 
following, namely [state them], and that the dues now in 
arrear, and payable by the defendant to the plaintiff, in 
respect of ores found in the mine and sold or disposed of by 
the defendant, amount to the sum of , which the 

defendant has not paid in pursuance of the sett or licence. 

15. That the plaintiff let to the defendant a house, 
situate , for seven years, to hold from the 

day of A.D. at £ a year, payable 

quarterly, of which rent quarters are due and 

unpaid. 

16. That the plaintiff by deed let to the defendant a , 
within the Stannaries of , to hold for years, from 
the day of a.d. , and the defendant by the said 
deed covenanted with the plaintiff well and substantially to 
repair the said during the said term [according to 
the covenant'], yet the said house was during the said term 
out of good and substantial repair. 

For Wrongs independent of Contract. 

17. That the defendant broke and entered certain land 
of the plaintiff, situate within the Stannaries of , 
called , and depastured the same with cattle. 

18. That the defendant assaulted and beat the plaintiff, 
and caused him to be imprisoned. 

19. That the defendant converted to his own use, or — 
wrongfully deprived the plaintiff of the use and possession 
of, the plaintiff's goods ; that is to say, [specify the articles 
as the case may he]. 

20. That the defendant detained from the plaintiff certain 
deeds and papers; that is to say, [describe the deeds or 
papers]. 

21. That the plaintiff was possessed of a water wheel and 



SCHEDULE OF FOBMS. 181 

stamps within the Stannaries of , and was entitled 

to the use of a stream of water within the same Stannaries 
for working the same, and the defendant, by cutting the 
bank of the said stream at a place situate within the same 
Stannaries, wrongfully diverted the water thereof away 
from the said wheel and stamps. 

22. That the defendant fraudulently sold to the plaintiff 
ten shares of and in an adventure or mine, called , 
in the Stannaries of , falsely stating to the plaintiff 
that the same was then paying large dividends to the share- 
holders, whereas the defendant well knew at the time of the 
sale that no dividend had been paid to any shareholder 
therein for a long time before the sale, but that the mine 
had been and then was unprofitable. 

(2.) PLEA. 

23. IHeading and name of case, as usual.'] The defendant 
by his attorney [or in person] says [here state the 
substance of the plea"], 

24. And for a second plea the defendant says [here state 
the second plea]. 

A plea to the jubisdiction may be pleaded as in suits by 
plaint, Rule 28 (ante, p. 78). 

Examples of Pleas in Actions on Contracts, 

25. That he never was indebted as alleged. 

[This plea is applicable to declarations like those numbered 
1 to 9.] 

26. That he did not promise as alleged. 

[This plea is applicable to other declarations on simple con- 
tracts, not on biUs and notes. It would be also unobjectionable 
to use '* did not warrant," " did not agree," where the dedara- 
tion states a warranty or agreement, ^c, or to use any other 
appropriate denial,] 

27. That the alleged deed is not his deed. 

28. That the alleged cause of action did not accrue 
within six years [state the period of limitation applicable to 
the case] before this suit. 



182 SCHEDULE OF F0EM8 — WRITS. 

29. That before action he satisfied and discharged the 
plaintiff*s»claim by payment. 

30. That the plaintiff at the commencement of this suit 
was, and still is, indebted to the defendant in an amount 
equal to the plaintiff's claim, for [Aerc state the cause of set' 
off^ as in a declaration; see Forms, p. 178, 179,awte], which 
amount the defendant is willing to set off against the 
plaintiff's claim. 

31. That after the alleged claim accrued, and before this 
suit, the plaintiff by deed released the defendant therefrom. 

Pleas in Actions for Wrongs independent of Contract. 

32. That he is not guilty. 

33. That he did what is complained of by the plaintiff^s 
leave. 

34. That the plaintiff first assaulted the defendant, who 
thereupon necessarily committed the alleged assault in his 
own defence. 

(3). EEPLICATION. 

35. [Heading, ^c] The plaintiff takes issue upon the 
defendant's 1st, 2nd, &c., pleas. 

36. The plaintiff as to the second plea says \here state the 
answer to the pleas as in the following Forms.'] 

Examples of Replications. 

37. That the alleged release is not the plaintiff's deed. 

38. That the alleged release was procured by the fraud 
of the defendant. • 

39. That the alleged set-off did not accrue within six 
years before this suit. 

40. That the plaintiff was possessed of land whereon the 
defendant was trespassing and doing damage, whereupon 
the plaintiff requested the defendant to leave the said land, 
which the defendant refused to do; and thereupon the 



SCHEDULE OF FOEMS. 183 

plaintiff laid his hands on the defendant in order to 
remove him, doing no more than was necessary for that 
purpose, which is the alleged first assault by the plaintiff. 

(4.) NEW ASSIGNMENTS. 

These may be used when necessary, but as they are of 
occurrence in the proceedings in this Court, and can 
generally be avoided by the plaintiff, no examples are 
inserted here. 

(5.) DEMUBBEA. 

[Headings Sfc.'\ " The defendant by his attorney, 

says that the declaration is bad in substance." 

The joinder, in demurrer may be to the following 
effect : — 

"The plaintiff says that the declaration is good in sub- 
stance." 

The like form may be used when the demurrer is to the 
plea, &c. 

A demurrer for apparent want of jubisdiction may be 
in the form used in suits by plaint, Rule 27 (an/c, p. 78). 

(E.) 

NOTICE TO ADMIT DOCUMENTS. 

In the Court of the Vice Warden of the Stannaries. 

A. B. -| Take notice, that the plaintiff \or defendant] in this 
V, > cause proposes to adduce in evidence the several 
C. D. J documents hereupder specified, and that the same 
may be inspected by the defendant [or plaintiff], his attor- 
ney or agent, at on , between the hours of 
; and* the defendant [or plaintiff] is hereby re- 
quired, within forty-eight hours from the last-mentioned 
hour, to admit that such of the said documents as are spe- 
cified to be originals were respectively written, signed, or 



184 



SCHEDULE OF FOBMS — WEITS. 



executed, as they purport respectively to have been ; that 
such as ^e specified as copies are true copies; and such 
documents as are stated to have been served, sent, or 
delivered, vere so served, sent, or delivered respectively ; 
saving all just exceptions to the admissibility of all such 
documents as evidence in this cause. Dated, &c. 



To E. F., Attorney 



G. H., Attorney 



or [" agent"] for | ^^^^' | or " agent" for | 



plaintiff, 
defendant 



IHere describe the documents, the manner of doing which may 
he as follows'} : — 

ORIGINALS. 



Description of the Documents. 



Memorandum of Agreement between A. B. 
and C. D. 

Indenture of Lease from A. B. to C. D. 

Bill of Exchange for £100 at Three Months, 
drawn by A. B. on and accepted by C. D., 
endorsed' by E. F. and G. H. - 



Date. 



1st Jan. 1850. 
1st Feb. 1848. 



1st May 1840. 



COPIES. 



Description of Documents. 




Original or Duplicates served, 

sent, or delivered, when, 

how, and by whom. 



Letter — plaintiff to 
defendant - 

Notice to produce 
papers 



Ist Feb. 1848. 
Ist Mar. 1848. 



Sent by i 
2nd Feb. 1848. 

Served 2nd March, 1848, 
on defendant's attorney, 
by E. F., of— 



SCHEDULE OF FOBMS. 185 

(F.) 

JUDOMENTS. 

1. Form of Judgment after a Verdict for the Plaintiff. 

In the Court of, &c. 

The day of , in the year Idate of 

declaration]. 

Stannaries of , to wit.] A. B. by P. A^ his 

attorney [or in person]^ sues C. D., who has been sum- 
moned to answer A. B., by virtue of a writ issued on the 
day of A.D. [the date of the writ, or the first 

writ], out of the abovementioned Court, for [copy the 
declaration and pleadings, with their dates, writing each in a 
separate paragraph, and numbering them as in the pleadings. 
After the pleadings conclude thus] : Afterwards, on the 
day of , A.D. [the first day of sittings] come the 

parties aforesaid, by their respective attorneys,* and a jury 
of the said Stannaries being summoned also come, who 
being sworn to try the matters in question between the 
said parties upon their oath say that [state the negative or 
affirmative of the issue, as found, and in the terms pleaded. 
If there be several issues then say, " as to the first issue joined 
upon their oath say that^^ ^c], and they assess the damages* 
of the plaintiff on occasion of the premises within complained 
of by him, over and above his costs of suit, to £ 
Therefore it is considered by the Court here that the 
plaintiff do recover against the defendant the monies by the 
persons so assessed, and also £ for his costs of suit 

by the same Court here adjudged to the plaintiff, which 
said monies and costs amount in the whole to £ 
[/» the margin write the day of signing judgment], 

[The above form is adapted to an action for damages. 
If it be for a debt, it must be varied accordingly]. 



186 SCHEDULE OF FORMS — WEITS. 

2. Fona of Judgment upon the Tried by the Vice Warden 
under Rule 89. 

[The form is to he like the last down to the first asterisk. 
Then proceed thus"] : and the Vice Warden of the Stanna- 
ries, to whom, by consent in writing of the said parties duly 
signed, the decision of the said issue [or several issues'] was 
left, decides the said issue above joined [or the first issue, 
SfC, as the fact may be"], in favour of the plaintiff, and he 
assesses the damages [The rest after the second asterisk 
is to be the same as in the last example,] 

[Where it may be more convenient so to do, the finding 
on the issues by the jury may be entered shortly, as in the 
second example ; so the finding of the Vice Warden may 
be entered in the manner specified in the first example]. 

(G.) 

EXECUTION. 

1. Writ of Fieri Facias for the Plaintiff for Execution 
within the Jurisdiction. 

The Lord Warden of the Stannaries to my bailiffs of the 
Stannaries, E. F. and G. H., and to each of them, greeting: 

I command you, and each of you, in the name of her 
Majesty the Queen, that of the goods and chattels of CD. 
within the Stannaries of Cornwall or Devon (a), you cause 
to be made £ [the amount of aU the monies recovered 

by the judgment], which A. B. lately, in the Court of the 
Vice Warden of the Stannaries, recovered against him, 
whereof the said CD. is convicted, together with interest 
upon the said sum at the rate of four pounds per centum 
per annum from the day of , in the year 

of our Lord , on which day the judgment aforesaid 

was entered up, and have you or one of you that money, 

(a) Both are to be inserted. 



scHEDrLE or roBMS. 187 

with such interest as aforesaid, at the office of the Registrar 
of the said Court [at Truro"], immediately after the execu- 
tion hereof, to be rendered to the said A. B. ; and that jou 
do all such things as by the statute passed in the second 
year of the reign of her Majesty the Queen you are autho- 
rized and required to do in this behalf. And in what 
manner you or either of you shall have executed this writ 
make appear to the said Court immediately after the exe- 
cution thereof, and have you, or one of you, there then this 
writ. Dated this, &c. By the Court, (l. s.) 

[The Indorsement is to be as in like writs in the Superior 
Courts of common law. 

The clause for levying four per cent, interest may be 
omitted, if not required by the party suing out the writ]. 

2. Writ of Fieri Facias on a Judgment for Defendant, 

The Lord Warden [as above"] to my bailiffs [as above], 
greeting : 

I command you, and each of you, in the name of her 
Majesty the Queen, that you cause to be made of the 
goods and chattels of A. B. within the Stannaries of 
Cornwall or Devon, (a) £ , which lately in the Court 

of the Vice Warden of the Stannaries were awarded 
to C. D. for his costs of defence in an action lately prose- 
cuted in the said Court by the said A. B. against the said 
C. D., whereof the said A. B. is convicted, together with 
interest on the said sum at the rate of four pounds per 
centum per annum ft'om the day of , in 

the year of our Lord , on which day the judgment 

aforesaid was entered up, and have you, or one of you, that 
money at the office of the Registrar of the said Court [at 
Truro], immediately after the execution hereof, to be ren- 
dered to the said CD.; and that you do all such things as 
by the Statute passed in the second year of the reign of her 

(a) Both to be inserted. 



188 SCHEDULE OF FOBMS — WBITS. 

Majesty the Queen, you are authorized and required to do 
in this behalf. And in what manner you or either of you 
shall have executed this our writ make appear to the said 
Court immediately after the execution thereof, and have 
you, or one of you, there then this writ. Dated, &c. 

By the Court, (l. 8.) 
[Indorsement as in the Superior Courts : See last form.] 

3. Writ of Fieri Facias for Execution out of the 
Jurisdiction. 

The writ, whether for plaintiff or defendant, will exactly 
resemble those used in proceedings by plaint. See forms 
(E.) under that head, ante, pp. 105, 106, 107, 108. 

4. WRIT OF CAPIAS AD SATISFACIENDUM FOB THB 
PLAINTIFF. 

The Lord Warden of the Stannaries, to my bailiffs of the 
Stannaries, E. F. and G. H. and to each of them, and to 
the keeper of the gaol or prison, commonly called the 
County Gaol at Bodmin in the county of Cornwall, [or 
" at Fxeter'^ (as the case may be) " in the county of Z>etw»i"], 
greeting. 

I command you E. F. and G. H., and each of you, in the 
name of her Majesty the Queen, that you take C. D. if he 
be found within the Stannaries of Cornwall or Devon, and 
him safely keep, so that you, or one of you, may have his 
body at the said gaol or prison ; and you and each of you 
are hereby commanded to deliver his body without delay 
into the custody of the keeper of the said gaol or prison, to 
satisfy A. B. £ [the whole amount recovered by the judg' 
menC], which the said A. B. lately in the Court of the Vice 
Warden of the Stannaries recovered against the said C. D., 
whereof the said C. D. is convicted, together with interest 
upon the said sum at the rate of 4 per cent, per annum 



SCHEDULE OF FOBMS. 189 

from the day of , in the year &c., on which 

day the judgment aforesaid was entered up; and have you 
or one of you this writ before the said Court immediately 
after the execution thereof; and tou the said keepbb are 
hereby authorized and required, by force of the statute in 
that case made and provided,(a) to receive the said C. D. 
into the said gaol or prison, there to maintain, support, and 
provide for him, as if he had been arrested and committed 
to the said gaol or prison by virtue of a writ of capias ad 
satisfaciendum issued out of one of Her Majesty's Courts of 
common law at Westminster, and him safely to keep there, 
until the said A. B. shall be fully satisfied the said £ 
with interest as aforesaid, or until the said CD. shall be 
otherwise discharged in due course of law. Dated this, &c. 

By the Court, (l. s.) 
[Indorsement as on a ca. sa. out of the Superior Courts.] 

[Where the ca. sa. is in respect of a cause in the Stan- 
naries of Devon, the gaol must be selected and named by the 
Vice Warden in the particular case, and the language of the 
writ as to the treatment of the prisoner in gaol is to be 
modified in conformity with that of sect. 37 of the Act 18 
Vict. c. 32.] 

•5. Writ of capias ad satisfaciendum far the defendant, 

[As above, substituting the following words] " to satisfy 
C- D. £ (the taxed costs), which lately in the Court of 

the Vice Warden of the Stannaries were awarded to the 
said C. D. for his costs of defence in an action lately pro- 
secuted in the said Court by the said A. B. against the said 
C. D., whereof the said A. B. is convicted, together with 
interest," &c. 

(a) The provision in the case of Cornwall is sect. 40 of 6 & 7 
Wm. 4. c. 106. In the case of Devon it is sect 37 of 18 Vict. 
C.32. 



190 SCHEDULE OF FOBMS — WRITS. 

(H.) 
RULE OS SUMMONS TO BEYIYB A JUDGMENT. 

(See Rule No. 111.) 
In the Court, &c. [usual heading and formal parts'}, 

A. B. "J Let C. D. show cause on the day of 

V. V (or be/ore me on the day of ), why 

C. D. J A. B. (or as the case may be) should not have exe- 
cution in this action, wherein A. B. was plaintiff, and C. D. 
was defendant, and wherein A. B. obtained a judgment for 
£ against the said CD. on the day of , 

and have leave to issue execution thereon, if it shall mani- 
festly appear to the Court (or to me) that the said A. B. is 
entitled to such execution. 

By the Court, (l. s.) 

[Or to be signed by the Vice Warden, if it be 
a summons to attend before him]. 

The form may be modified and adapted to the case of an 
application by or against executors, &c., of a party. 

a) 

WBIT OP BEYIVOB. 

The Lord Warden, &c. to E. F. greeting. 

I command you that within eight days after service of 
this writ on you, inclusive of the day of such service, you 
appear in the Court of the Vice Warden of the Stannaries 
at [Truro"], to show cause why A. B. [or C. i>., as executor 
of the last ufiU and testament of A. B, deceased^ as the case 
may be} should not have execution against you [as executor 



SCHEDULE OF POEMS. 191 

of the last wiU and testament of deceased^ if the fact he so] 
of a judgment, whereby A. B. [or C i)., as the case may he\ 
on the day of in the said Court recovered 

against you [or as the case may 5c] £ ; and take 

notice that in default of your so doing the said may 

proceed to execution. Dated, &c. 

By the Court, (l. s.) 

Mem. You may appear to this writ by giving to the 
plaintiff named in it, or to his attorney or agent, a notice in 
writing that you appear to the same, or your attorney may 
give such notice for you. 

As to procedure and pleadings on revivor, see Common 
Law Procedure Act, 1852, sections 131, 132, 133, 
134. 

(K.) 

FOBM OF WBIT OF EJECTMENT. 

The Lord Warden, &c., to X., Y., Z., and all persons 
entitled to defend the possession of [describe the 

property with reasonable certainty'} at in the Stanna- 

ries and county of , to the possession whereof A., 

B., and C, some or one of them, claim to be [or to have 
been on and since the day of a.d. ] 

entitled, and to eject all other persons therefrom : 

These are to will and command you, or such of you as 
deny the alleged title, within fourteen days after service 
hereof, to appear in the Court of the Vice Warden of the 
Stannaries to defend the said property, or such part thereof 
as you may be advised to defend; in default whereof 
judgment may be signed, and you turned out of possession. 
Dated this day of, &c. 

By the Court. (l.s.) 

Mem. You may cause your appearance to be entered 



192 SCHEDULE OF EOKMS — WRITS. 

within the time specified above at the office of the Registrar 
of the Court at \_Truro]. 



(L.) 

JUDGMENT IN EJECTMENT IN CASE OF NON-APPEABAKCE. 

In the Court of the Vice Warden of the Stannaries. 

The daj of 18 . [date of the ivrit]. 

Stannaries of 1 On the day and year above written, a writ 

, to wit. J of the Lord Warden issued forth of this 

Court in these words ; that is to say, 

The Lord Warden, &c. [^here copy the writ']; and no 
appearance has been entered or defence made to the said 
writ : therefore it is considered that the said [^here insert 
the names of the persons in whom title is alleged in the writ] 
do recover possession of the land [mine or other property 
described in the writ] in the said writ mentioned, with the 
appurtenances. 

2. The like^ where Judgment is for Part ordy. 

In the Court [as above]. 

On the day of , a.d. 18 

Stannaries of 1 On the day and year above written, a writ 

^ to wit. J of the Lord Warden issued forth of this 

Court, in these words ; that is to say, 

The Lord Warden, &c. [here copy the writ] ; and C. D. 
has, on the day of , appeared by , 

his attorney [or in person]^ to the said writ, and has de- 
fended for a part of the land in the writ mentioned ; that is to 
say [here state the part]y and no appearance has been entered 
or defence made to the said writ except as to the said part : 
Therefore it is considered that the said A. B. [the claimant] do 
recover possession of the land [or other property] in the said 



SCHEDULE OF EOBMS. 193 

writ mentioned, except the said part, with the appur- 
tenances, and that he have execution thereof forthwith ; 
and as to the rest, let a jurj be summoned, &c. 

(M.) 

ISSUE IN EJECTMENT. 

In the Court [a? abovel. 

On the day of , ad. 18 [date of writ]. 

Stannaries of I On the day and year above written, a writ 

to wit. J of the Lord Warden issued forth of this 

Court, in these words ; that is to say. 

The Lord Warden [Acre copy the writ'] ; and C. D. has, 
on the day of appeared by his 

attorney lor in person] to the said writ, and defended for 
the whole of the land therein mentioned : Therefore let a 
jury be summoned, &c. 

Where the defence is for part only the issue may be in 
form (L.), No. 2, above. 

(N.) 

FOBM OF ENTBT OF VERDICT IN EJECTMENT. 

Afterwards on the day of , a.d. 18 

[the day for which the jury are summoned]^ come the parties 
aforesaid by their respective attornies; and a jury of the 
said Stannaries, being sworn to try the matters in question 
between the said parties, upon their oath say, that A. B. 
[the claimant] within mentioned, on the day of , 

A.D. , was, and still is, entitled to the possession of 

the land [or other property as described in the writ] within 
mentioned, as in the writ alleged : Therefore, &c. 

[The above must be modified according to the facts and 
the verdict given]. 



194 SCHEDITLE OT FORMS — ^WBITS. 

(O.) 
JUB6MXNT IN EJECTMENT ON DISCONTINUANCE. 

In the Conrt [as odooe]. 

On the day of , 18 [date of writ']. 

Stannaries of I On the day and year above written, a writ 
, to wit. J of the Lord Warden issued forth of this 
Court, in these words ; that is to saj, 

The Lord Warden [here copy the wrif] ; and C. D. has, 
on the day of , appeared bj , his 

attorney [or in person]^ to the said writ, and A. B. has dis- 
continued the action : Therefore it is considered that the 
said C. D. be acquitted, and that he recover against the 
said A. B. £ for hb cost of defence. 

(p) 

JUDOBfENT FOB NOT PBOCEEBINO TO TRIAL IN 
EJECTMENT. 

Li the Court [as above'}. 

The day of , 18 [date qftDrif], 

Stannaries of i On the day and year above written, a writ 
, to wit. J of the Lord Warden issued forth of this 
Court, in these words : that is to say. 

The Lord Warden [here copy the writ] ; and C. D. has, 
on the day of , appeared by his 

attorney [or in person] to the said writ, and A. B. has 
failed to proceed to 'trial, although duly required so to do. 
Therefore it is considered that the said C. D. be acquitted, 
and that he recover against the said A. B. £ for his 

costs of defence. 



SCHESTTLE OF FOBMS. 195 

(Q) 
JUDGMENT ON CONFESSION. 

In the Court [as above, down to the end of the copy of the 
writ, then as follows :] 

And C. D. has, on the day of , appeared 

bj , his attorney [or in person}, to the said writ, 

and the said C. D. has confessed the said action [if it be a 
confession as to part only, this must be so stated] : Therefore 
it is considered that the said A. B. do recover possession of 
the land [or other property"] in the said writ mentioned with 
the appurtenances, and L for costs of suit. 

(B.) 

EXECUTION IK EJECTMENT. 

1. Writ of Habere Facias, Sfc, on a Judgment by Default, 

The Lord Warden of the Stannaries to my bailiffs of the 
Stannaries E. F. and G. H., and to each of them, and 
to all constables and peace officers within the Stannaries 
greeting. 

Whebeas a. B. lately in the Court of the Vice Warden 
of the Stannaries by the judgment of the same Court, reco- 
vered possession of [describe the property, as in the 
torit of ejectment, or the part thereof recovered, as in the 
judgment]: Therefore I command you, E. F. and G. H., 
and each of you, in the name of her Majesty the Queen, 
and in pursuance of the statute in that case made and 
provided (^a), that without delay you cause the said A. B. to 
have possession of the said [land and premises] with the 
appurtenances; and in what manner you shall have exe- 
cuted this writ make appear to the said Court at [Truro] 
immediately upon the execution hereof, and have you, or 

(a) 18 Vict. c. 32. s. 15. 
K 2 



i 



196 BCHEDTTLE OP TOBHS — WEIT8. 

one of you, there then this writ ; and all constables and 
peace officers are hereby enjoined and required to be aiding 
the said bailiffs, if need be, within their several jurisdic- 
tions, in the execution of this writ. Dated, &c. 

By the Court, (l. s.) 

2. Writ of Habere Facias and Fieri Facias for Costs, 

The Lord Warden \as ahovcy doum to the word ^ Oreeting'*']. 
Whereas A. B. lately in the Court of the Vice Warden 
of the Stannaries recovered possession of [describe the pro- 
perty tis in the last formj^ with the appurtenances, in an 
action of ejectment at the suit of A. B. against CD.: 
Therefore I command you, E. F. and G. H., and each of 
you, in the name of her Majesty the Queen, and in pursu- 
ance of the statute in that case made and provided, that, 
without delay, you cause the said A. B. to have possession 
of the said [land and premises] with the appurtenances ; and 
we also COMMAND you, and each of you, that of the goods 
and chattels of the said C. D. within the Stannaries of 
Cornwall or Devon, you cause to be made £ , which 

the said A. B. lately in the said Court recovered against 
the said C. D. for the said A. B.^s costs of the said suit, 
whereof the said C. D. is convicted, together with interest 
upon the said sum at the rate of four pounds per centum 
per annum from the day of , in the year of our Lord 
, on which day the judgment aforesaid was entered 
up, and have you, or one of you, that money and interest 
aforesaid in the said Cotirt [at Truro"] immediately after 
the execution hereof, to be rendered to the said A. B. ; and 
that you do all things as by the statute passed in the 
second year of the reign of her said Majesty, you are 
authorized and required to do in that behalf. And in what 
manner you shall have executed this writ make appear to 
the said Court immediately after the execution hereof, and 
have you or one of you there then this writ ; and all con- 
stables and peace officers are hereby enjoined and required 



SCHEDULE OF EOBMS. 197 

to be aiding the said bailiffs, if need be, within their several 
jurisdictions, in the execution of this writ. Dated, &c. 

By the Court, (l. s.) 



3. Writ of Fieri Facias for CostSy against a Defendant who 
has appeared. 

The Lord Warden [(as above, but addressing the bailiffs 
only]. 

I command you, and each of you, in the name of her 
Majesty the Queen, that of the goods and chattels of C. D. 
within the Stannaries of Cornwall or Devon, you cause to 
be made £ , which A. B. lately in the Court of the 

Vice Warden of the Stannaries recovered against him, for 
the said A. B/s costs of suit in an action of ejectment 
brought by the said A. B. against the said C. D. in that 
Court, whereof the said C. D. is convicted, together with 
interest upon the said sum at the rate of four pounds per 
centum per annum from the day of , in the 

year of our Lord , on which day the judgment afore- 

said was entered up, and have you or one of you that 
money, with such interest as aforesaid, in the said Court 
[at Truro] immediately after the execution hereof, to be 
rendered to the said A. B. ; and that you do all things 
as by the statute passed in the second year of the 
reign of her said Majesty you are authorized and re- 
quired to do in that behalf. And in what manner you or 
either of you shall have executed this writ make appear to 
the said Court immediately after the execution hereof, and 
have you or one of you there then this writ. Dated, &c. 

By the Court, (l. s.) 



i 



198 8CHEDULX or 70SKB — WBITS. 



(S.) 



INDORSEMENT ON A WRIT OF SUMMONS, CLAIMING AN 
INJUNCTION. 

The plaintiff intends to claim a writ of injunction to 
restrain the defendant from [state concisely the acts sougJU to 
be restrained] ; and take notice that in default of the de- 
fendants entering an appearance, as within commanded, the 
plaintiff may, besides proceeding to judgment and execution 
for damages and costs, apply for and obtain such writ. 



SOHEDrLE OF FSES. 199 

TABLE OF FEES OF COURT AND OFFICERS, 
PEOCEEDINGS BY WEIT. 



Writ of Summons or Revivor - - - 

Ccncurrent or renewed writ . - - 

Writ of Ejectment - . - . 

Appearance for one defendant, or on a joint defence 

of several - . - • 

Far each separate appearance after the first 
For filing declaration, plea, replication, or demurrer 
For filing any subsequent pleading 
For filing a suggestion - - 

For filing an affidavit, including exhibits 
Same for each deponent beyond two in a single 

affidavit - - - - - 

Search for appearance or pleadings 
Writ of Subpoena (with or without a duces tecum) 

for four persons only - - - 

Same to attend before Registrar or commissioner - 
Commission to examine a party or witness 
Special rule or order of Vice Warden 
Rule or order of course - . - - 

Registrar's order - - - . 

Writ of Injunction - . - - 

Judgment by default - - - - 

Final judgment other than judgment by default 
Any writ of execution or of attachment 
Concurrent or renewed writ oifi,fa, or ca, sa. 
Registrar's certificate to a superior Court - 
Any other certificate, except on a reference to 

Registrar - - - - - 1 



s. 


d. 


a 





2 





5 





3 





1 





5 





2 


6 


1 





1 








6 


1 





2 





1 





5 





5 





2 


6 


2 





2 


6 


2 


6 


5 





5 





2 


6 


2 


6 



200 SOHBDrLB OF PEES — ^WEITS. 

Registrar's report on a reference, 6d, per folio of 
72 words. 

Summons to attend the Vice Warden 

Same to attend the Registrar 

Registrar's order - - - 

Order of Registrar, or on trial to amend 

Registrar for swearing affidavit 

Office copies, 4d. per folio of 72 words. 

Taxation of bill of costs, not exceeding 3 folios 

Same if exceeding 3 folios 

Entering cause for trial - - 

Payment of money into Court, under £50 - 
*» £50 and under £100 - 

" £100 and upwards 

Special case from each party 

Warrant of Committal - - - 

Interpleader Summons - - - 

Entry of discontinuance or retraxit 

Every juror sworn in a cause 

Same for every day, after the first, that the trial 

continues - - - - - 1 

Commissioner for swearing affidavit, including ex- 
hibits - - - - - 2 

Copy of Vice Warden's notes on an appeal - 5 

N.B. Only one fee is to be paid by plaintiff or defendant 

though several pleas, replications, or subsequent pleadings 

may be filed by him at the same time. But for a demurrer 

a separate fee must be always paid. 

Bailiff's Fees. 

For service of a writ, or other service - - 5 

For service by the same bailiff on several defend- 
ants in the same writ, residing five miles or 

more apart ; for each defendant • - 3 6 

For executing^. /a., ca. «a., or writ of possession - 10 

For executing a writ of attachment - - 10 



s. 


d. 


2 


6 


1 





2 





1 





1 





2 





3 





1 





2 


6 


3 





4 





5 





5 





2 





2 





1 






SCHEDULE OF FEES. 201 

For every day after the first, while necessarily en- s. d, 
gaged in executing any of the above writs - 5 
For every mile beyond three miles (reckoning one 
way only) which he has to travel in serving 
or executing any process or writ - - 1 

If, in executing final process, the bailifi* shall be neces- 
sarily put to any extra expense for the benefit, and at the 
instance, of the party against whom the writ is issued, the 
Registrar may allow such expense at his discretion. 
The bailifTs are not entitled to poundage on execution. 

Ushee's oe Cbi£B*s Fees. 

On calling on any cause for trial, hearing, or argu- 
ment - - - - - -26 

For every day after the first while the trial shall last 1 
On the swearing of every witness - - -10 

For every motion made before the Vice Warden - 1 



Edward Smirke, Vice Warden. 



K 3 



QEITEBAL BTTLEB. 203 



RULES, ORDERS, AND REGULATIONS 



FOE THE CONDUCT OP BUSINESS IN THE OPFICB OP THE 
BEGISTBAB, AND POB OTHEB MATTEBS APPUCABLE TO 
THE COUBT GENEEALLT. 

The Vice Warden of the Stannaries, with the consent and 
approval of the Right Honourable Sir George James Turner, 
one of the Lords Justices of the Court of Appeal in Chan- 
cery, and of the Honourable Sir William Erie, Knight, 
one of her Majesty*s Justices assigned to hold pleas before 
the Queen herself, and in pursuance and execution of the 
statute in that case made and provided, and of all other 
powers enabling him in that behalf, doth hereby obdeb and 
DiBECT that upon and after the publication thereof, the 
following Rules, Orders, and Regulations shall be in force. 



1. The hours of ordinary attendance at the Registrar's 
office shall be from 10 o'clock, a.m., until 2 o'clock, p.m., 
except on Easter Eve, Monday and Tuesday in Easter week, 
the three days next following Christmas Day, and the 
Queen's birth-day, on which days attendance will not be 
required for more than one hour during the day, to be 
notified on a paper fixed at the outer door of the ofilce 
on the same and the preceding day. 

For seven days next before the first day of sittings, and 
during the whole of such sittings, the attendance shall be 
until 6 o'clock, p.m., and so much longer as the Court shall 
be sitting on each day. 



204 GEKEEAL BI7LE9. 

On the dajs specified in sect. 17 of the Act 6 & 7 Wm. 4. 
c. 106. the office shall be closed. 

When the business of the office is pressing, the Registrar 
may require attendance at the office beyond the hours of 
ordinary attendance, specified above in this Order. 

The secretary is also to be in attendance, in person or 
otherwise, at his own office, or at the Registrar's office, or 
at some known place of business in the town in which the 
Court usually sits, during the same days and times above 
specified. 

2. All acts, entries, or applications, in any cause or matter 
to be done or made by suitors or their solicitors or attomies, 
or other persons, at the office of the Registrar, must be done 
or made during office hours ; but the officers of the Court 
are at liberty to permit such acts to be done, or to give their 
voluntary attendance for the accommodation of suitors at 
other hours, if not to the prejudice of other parties to a suit. 

3. All correspondence with, and ordinary applications to, 
the Vice Warden, on matters touching the Court or the 
business thereof, are to be addressed or made to him through 
the secretary. 

4. The Registrar at Truro is to have the sole control of 
the office, and of the other officers, clerks, or attendants 
there, and is to arrange and distribute the business pending 
therein, subject to the directions of the Vice Warden. 

5. The library, consisting of the books deposited there by 
the gift of the late Vice Warden, John Lucius Dampier, Esq., 
and of John Ennis Vivian, Esq., M.P., and such other books 
or documents as may hereafter be deposited therein, shall 
be carefully preserved for the use and benefit of the Vice 
Warden and officers of the Court for the time being, and 
of all suitors and professional gentlemen practising therein, 
and are to be open for such use during office hours ; but 
are not to be removed out of the office without the express 
authority of the Vice Warden. 



GEHTEBAL BULES. 205 

6. The acts and records of the Court are to be safely kept 
in an orderly manner, and so arranged that feach series or 
class may be readily distinguished and accessible in case of 
search ; and the names of all causes are to be preserved in 
books of reference. 

7. All the acts and records of the Court, in suits and 
actions, are to be on paper ; and the expense of parchment 
will not be allowed in any bill of costs, except in the case 
of writs of execution and of attachment, commitments to 
prison, and orders in the nature of habeas corpus. 

8. In order to make the proceedings in the Court con- 
venient for transmission, if need be, and more easily arranged 
lor reference or search, the officers of the Court shall endea- 
vour, as much as in them lies, to cause paper of uniform 
size and form to be used in all proceedings in the Court, 
selecting the size and form that shall be also convenient for 
general use. For this purpose, instruments such as peti- 
tions, answers, declarations, pleadings, reports, decrees, and 
records of judgments, may be written book wise, on folded 
paper, similar to that now generally used for affidavits. 
Plaints, summonses, writs of summons, execution, and attach- 
ment, injunctions, commitments, rules, and like instruments, 
whether on paper or parchment, may be in the form now 
used in the Court, with such variation only as may distinguish 
each class of instrument on a search for them in the office. 

9. All fees and monies payable at the Registrar's office 
shall be received by himself in person, or by such person as 
he shall name or authorize for that purpose, either generally 
or pro hdc vice, 

10. Attornies and solicitors practising, or desirous of 
practising in the Court, may be called upon to entitle 
themselves so to practise by signing a roll or book kept for 
that purpose by the Court, in pursuance of section 27 of the 
Act 6 & 7 Vict. c. 73. ; but no fee shall be demanded or 
paid upon signing such roll. 

11. A list of commissioners, authorized to take affidavits 



206 GEITEBAL BULES. 

in suits or other matters pending in the Court, shall be kept 
in the office for the free inspection of suitors, distiuguishing 
whether their authority extends to the common law or 
equity side, pr to both, or to all matters indifferentljr. 

12. The seal of the Court, referred to in sect. 19 of 6 & 7 
Wm. 4. c. 106., may be impressed by a stamp on the paper 
or parchment, and no wax need be used ; and the seal shall 
be so impressed as to be clearly distinguishable, especially 
in writs or instruments for use, service, or execution out of 
the ordinary jurisdiction of the Court. 

13. At or before the commencement of each sittings, the 
Vice Warden may, if he thinks fit, name the latest day of 
the sittings on which any rule or order to shew cause at 
those sittings may be moved for. 

Edwabd Smirk£, Vice Warden. 



APPENDIX OF STATUTES. 



Statutes and Extracts from Statutes relating to the 
Stannary Jurisdiction, or applicable to it. 

TABLE OF STATUTES. 

4 & 5 Wm. 4. cap. 42. (Affidavits) - - 208 

6 & 7 Wm. 4. cap. 106. (Administration of Justice in 

the Stannaries) ----- 209 

1 & 2 Vict. cap. 110. (Mesne process and execution) 230 

2 & 3 Vict. cap. 58. (Administration of Justice in 

the Stannaries) ... - 233 

7 &8 Vict. cap. 19. (Bailiffs of Inferior courts) - 237 
7 & 8 Vict. cap. 65. (Court and official buildings at 

Truro) - - - - - 239 

7 & 8 Vict. cap. 96. (Execution in Inferior courts) 241 
7 & 8 Vict. cap. 105. (Mining in the Duchy Asses- 

sionable manors) - _ . - 243 

7 & 8 Vict. cap. 110. (Joint Stock Companies Act) 253 

11 & 12 Vict. cap. 83. (Administration of Justice in 

the Stannaries) - - - - 254 

12 & 13 Vict. cap. 108. (Joint Stock Companies 

Winding up) ----- 258 
18 & 19 Vict. cap. 32. (Extension of the Jurisdiction 

of the Stannary Court) - - -260 



208 Appendix of Statutes. 



Act 4 & 5 Wm. 4. cap. 42. 

An Act to facilitate the taking of Affidavits and Affirmations 
in the Court of the Vice Warden of the Stannaries of 
Cornwall. [30th July, 1834]. 

Wheeeas suitors and others having business in the Courts 
of the Stannaries, held by the Vice Warden of the said 
Stannaries, can make affidavits or affirmations relating 
thereto before the Vice Warden only ; and that it is expe- 
dient and will be for the benefit of such suitors and others, 
that other persons as well as the said Vice Warden have 
authority to take such affidavits or affirmations: Be it 
therefore enacted by the King's most excellent Majesty, by 
and with the advice and consent of the lords spiritual and 
temporal, and commons, in this present Parliament assem- 
bled, and by the authority of the same, 

That any commissioner of any of the superior Courts of 
common law at Westminster, having by commission from 
such Courts, or any of them, authority to take affidavits in 
matters relating to such Courts or any of them, may, with- 
out fee or reward, apply for and have, by commission from 
the said Vice Warden under the seal of the Stannaries 
kept by him, authority to take affidavits or affirmations in 
all suits and matters relating thereto brought into the 
Court of the said Vice Warden by way of appeal from the 
Courts of the stewards of the said Stannaries ; and that any 
master extraordinary of his Majesty's High Court of Chan- 
cery may, without fee or reward, apply for and have, by 
like commission from the said Vice Warden, authority to 
take affidavits or affirmations in all other suits, petitions, or 
matters to be commenced or being in the Court of the said 
Vice Warden ; and that all and everjr person and persons 
wilfully swearing or affirming falsely in any affidavit to be 
made before any person so authorized to take affidavits or 
affirmations as aforesaid, shall be deemed guilty of perjury, 
and be liable to the penalties of perjury, and be therefore 
prosecuted in anjr Court of competent jurisdiction. 

II. [This section provides that the act shall commence 
1st October, 1834]. 



Statute QSfl Wm. 4. c, 106. 209 

III. [Declares the act to be a public act (a)]. 



Act 6 & 7 Wm. 4. cap. 106. 

An Act to make Provision for the tetter and more expeditious 
Administration of Justice in the Stannaries of Cornwall^ 
and for the eidarging the Jurisdiction and improving the 
Practice and Proceedings in the Courts of the said Stan^ 
naries. [20th August, 1836]. 

Whereas there has existed throughout the Stannaries of 
Cornwall a Court in which the Vice Warden has in certain 
cases, wherein tin or tinners or matters connected with tin 
are concerned, exercised original equitable jurisdiction : 
And whereas there has existed a Court in each of the 
Stannaries of Cornwall called the Steward's Court, and in 
which the steward of the Stannaries has exercised a com- 
mon law jurisdiction in such like cases: And whereas the 
jurisdiction so exercised by the Vice Warden and the 
steward respectively has been confined to cases wherein tin 
or tinners are concerned : And whereas in late times lead, 
copper, and other metals and metallic minerals than tin 
have been discovered in the county of Cornwall, and over 
the matters connected with the working for and purifying 
and smelting of which lead, copper, and other metals and 
metallic minerals such jurisdiction has not been considered 
to extend: And whereas the various persons in the said 
county working and interested in such lead, copper, and 
other metals and metallic minerals, are greatly mconve- 
nienced in their disputes in cases where such metals and 
metallic minerals other than tin are concerned, and are put 
to great inconvenience in obtaining redress therein: And 
whereas it is expedient to unite the Court of Equity of the 
Vice Warden with the Courts of Common law of the steward 
of the said Stannaries, and to extend the jurisdiction of the 
Court to and over all metals and metallic minerals in the 
said Stannaries, and to and over all transactions connected 
therewith in the said county of Cornwall, in manner herein- 

(a) This act was passed at a time when the Court of the Vice 
Warden was a Court of appeal from the Steward's Courts of com- 
mon law, aud of original jurisdiction only in equity. See further 
sect. 6 of 2 & 3 Vict. cap. 58., p. 235. 



210 Appendix of Statutes. 

after mentioned, and also to confirm, alter, and enlarge the 
powers of such Court in various particulars, and to make 
other provision than heretofore for the hearing of appeals 
and writs of error therefrom : Be it therefore enacted by 
the King's most excellent Majesty, by and with the advice 
and consent of the lords spiritual and temporal and com- 
mons in this present Parliament assembled, and by the 
authority of the same, that from and after the death or 
resignation or other removal of the present Vice Warden it 
shall and may be lawful for the Duke of Cornwall for the 
time being, if of full age, or his Majesty and his successors, 
King or Queen regnant of England for the time being, if 
there be no Duke of Cornwall or if the Duke of Cornwall 
for the time being is under age, to nominate and appoint 
from time to time (by letters patent under the privy seal of 
the Duchy of Cornwall, or under the great seal of England, 
as the case may be,) a fit person, being a barrister at law 
of fiveyears standing at the least, to be and be called the 
Vice Warden of the Stannaries. 

II. And be it further enacted. That the present Vice 
Warden and every future Vice Warden shall be judge of 
the Court hereinafter mentioned, and which shall have both 
a common law and an equity side, and shall comprehend 
the Court heretofore the Court of the Vice Warden and the 
Court heretofore the Courts of the Stannaries, and that the 
Vice Warden for the time being shall hold such office 
during his good behaviour: Provided always, that it shall 
and may be lawful for the Duke of Cornwall for the time 
being, if of ftiU age, or his Majesty and his successors. King 
or Queen regnant of England for the time being, if there is 
no Duke of Cornwall, or if the Duke of Cornwall for the 
time being be under age, on a requisition to him for that 
purpose, stating therein at length sufficient pounds, and 
signed by the majority or five of the council, or of the 
commissioners or principsd officers of the Duchy of Cornwall, 
but not otherwise (the Lord Warden of the Stannaries 
being always one of the persons signing such requisition), 
to remove the person for the time being holdmg the said 
office of Vice Warden. 

III. [Provision for the appointment of Vice Warden in 
case of a vacancy during the time that the then Lord 
Warden. Expired]. 

^ IV. And be it further declared and enacted. That the ori- 
ginal equitable jurisdiction heretofore lawfully exeroised by 
the Vice Warden for the time being shall and may be hence- 



Statute 6^7 Wm. 4. c. 106. 211 

forth exercised by the present and every future Vice Warden 
for the time being, and that the present and every future Vice 
Warden for the time being shall have, exercise, and enjoy 
the same equitable jurisdiction, and the same power and 
authority in all matters and things brought before him, so 
far as relates to the working, managing, conducting, or 
carrying on any mine worked for any lead, copper, or other 
metal or metallic mineral within the said county of Corn- 
wall, or to the searching for, working, smelting, or purifjring 
any lead, copper, or other metal or metallic mineral within 
the said county, in as full and ample a manner as if the 
same had related to any tin or tin ore, or tin mine, or mine 
worked for tin, in the said county : Provided always, that 
nothing herein contained shall be deemed or taken to affect 
any suit or matter now pending in any Court of law or 
equity. 

V. [Provides for appeals in equity to the Lord Warden. 
Repealed by Act 18 Vict. c. 32]. 

VI. And be it further enacted. That the Courts of law 
of the respective Stannaries heretofore held before the 
stewards or steward thereof shall be one Court for all the 
Stannaries, and shall be held by and before the Vice 
Warden for the time being, who as Judge thereof shall 
have, exercise, and enjoy the same common law jurisdiction, 
and the same powers, privileges, and authorities with refer- 
ence thereto, and shall transact, do, and perform the same 
duties, matters, and things in relation thereto, as have here- 
tofore been lawfully transacted, done, performed, or to be (a) 
exercised or enjoyed by the steward for the time being of 
any of the Stannaries. 

VII. And be it further enacted. That such Vice Warden 
for the time being shaU also have, exercise, and enjoy the 
same common law jurisdiction and the same power and 
authority in all matters and things which shall be brought 
before him in any way connected with the working, manag- 
ing, conducting, or carrying on any mine worked for lead, 
copper, or any other metal or metallic mineral within the 
said county of Cornwall, or in any way relating to lead, 
copper, or any other metal or metallic mineral, or the 
searching for, working, smelting, or purifying lead, copper, 
or any other metal or metallic mineral within the said 
county, in as full and ample a manner as if the same had 

(a) Instead of " to he" the word " Uen ** was perhaps meant to 
be inserted here 1 



212 Appendix of Statutes, 

been connected with or related to any tin or tin ore, or tm 
mine, or mine worked for tin, in the said county. [Proviso 
for appeal to the Lord Warden. Repealed by Act 18 Vict, 
c. 321. 

Vni. And be it further enacted, That any party to any 
action at law brought in the said Court may apply for a new 
trial in any such action to the Vice Warden within eight 
days after the trial of such cause, if the said Vice Warden 
shall be then sitting, or within the first four days of the 
next term, and the said Vice Warden may grant a new trial 
upon any of the grounds on which new trials are now 
granted by the Courts at Westminster, and upon such 
terms and conditions as by the said Vice Warden shall be 
thought reasonable ; and the said Vice Warden, if he shall 
think that an impartial trial cannot be had in Cornwall, 
may direct that the [Nisi Prills'] record in any cause shall 
be sent to the Judges of assize for the county of Devon, 
who shall have authority to try such cause, and after the 
trial to cause such record to be transmitted to the Court of 
the Vice Warden, who shall proceed on the said record as if 
the cause had been tried in his own Court : Provided always, 
that the orders of the said Vice Warden upon such appli- 
cation for a new trial shall be subject to such appeal as 
hereinbefore provided as to other decrees, orders, and acts 
of the said Vice Warden (a). 

IX. And be it enacted. That the service of every writ of 
subpoena to attend and give evidence hereafter to be issued 
out of either side of the said Court of the Vice Warden, 
and served upon any person in any part of England or 
Wales, shall be as valid and effectual in law, and shall 
entitle the party suing out the same to all and the like 
remedies by action or otherwise howsoever, as if the same 
had been served within the jurisdiction of the said Court of 
the Vice Warden ; and that in case the person so served 
shall not appear according to the exigency of such writ, it 
shall be lawful for the said Court of the said Vice Warden, 
upon path or affirmation to be taken in open Court, or 

(a) So much of this as regulates the time of moving for a new 
trial is repealed by sect. 5 of Act 2 & 3 Viet. c. 58. The words 
" Nisi Prius '* are expunged by sect. 30 of 18 Vict. c. 32., as inappli- 
cable to the Court. The words " next term " are also inapplicable, 
unless understood to mean *' next sitting/* for there is no vacation. 
See foit, sect. 17. 



Statute 6^7 Wm. 4. c. 106. 213 

affidavit, of the personal service of such writ, to transmit a 
certificate of such default under the seal of the said Court 
to the Court of King's Bench at Westminster ; and the 
said last mentioned Court may and shall thereupon proceed 
against and punish by attachment or otherwise, according 
to the course and practice of the same Court, the person so 
having made default, in such and the like manner as the 
same Court might have done if such person had neglected 
or refused to appear in obedience to a writ of subpoena 
issued to compel the attendance of witnesses out of such 
last mentioned Court. 

X. Provided always, and be it further enacted. That the 
said Court of King's Bench shall not in any such case as 
aforesaid proceed against or punish any person, nor shall 
any such person be liable to any action for having made 
default by not appearing to give evidence in obedience to 
any such writ of subpoena as aforesaid for that purpose 
issued under the authority of this Act, unless it shall be 
made to appear to the said Court of King's Bench that 
a reasonable and sufficient sum of money to defray the 
expences of coming and attending to give evidence, and of 
returning from givmg such evidence, had been tendered to 
such person at the time when such writ of subpoena was 
served upon such person. 

XI. [Provision for executing judgments of the Court by 
the superior Courts in case of removal out of the jurisdic- 
tion. Repealed by sect. 30 of Act 18 Vict. c. 32, and 
replaced by other provisions]. 

All. And be it further enacted. That in case any rule of 
the said Court of the Vice Warden cannot be enforced by 
reason of the non-residence of any party or parties within 
the jurisdiction thereof, it shall be lawful, upon a certificate 
of such rule by the Registrar, under the seal of the said 
Court of the said Vice Warden, and an affidavit that by 
reason of such non-residence such rule cannot be enforced, 
to make such rule a rule of any one of the said Courts at 
Westminster, if such superior Court shall think fit, and that 
thereupon such rule shall be enforced as a rule of such 
superior Court (a). 

(a) This clause is similar to one in the Act for improviog the 
practice of the Coromon Pleas of the Palatinate of Lancaster 
(4 & 6 Wm. 4.C. 62. s. 32.), and of the Court of Pleas of the 
Palatinate of Durham and Sadberge (2 & 3 Vict. c. 16. s. 29). 



214 Appendix of Statutes, 

XIII. And be it further eDacted, That neither the "Vice 
AVarden for the time being, nor the Court of such Vice 
Warden, shall have, use, or exercise any power or authority 
save as hereby^ provided, [and that any person against 
whom proceedings shall be instituted in the Court of the 
Vice Warden shall, after the appearance entered, be at 
liberty to demur or plead to the jurisdiction of the said 
Court ; but that no question as to the jurisdiction of the 
said Court with respect to the matters embraced in such 
proceedings shall hereafter be raised unless such person 
shall within fourteen days after appearance entered by or 
on behalf of himself, or entered by the person instituting 
such proceedings in manner hereby provided, demur or 
plead to such proceedings by filing a statement of the 
grounds of such demurrer or plea at the Registrar's office, 
and serving a copy thereof on the person instituting such 
proceedings, or his solicitor or attorney (a) ]. 

XIV. [Vice Warden empoweried to make rules and 
orders touching the practice and proceedings of the Court, 
repealed by 18 Vict. c. 32. (6) ]. 



It does not appear to be necessary to show that the party, od whom 
the order was made, was then resident within the jurisdiction and 
has since removed from it, if the Vice Warden's Court had 
cognizance of the cause. 

(a) So much of this section as relates to pleas and demurrers to 
the jurisdiction (being the part in brackets) is repealed by sect. 18 
of Act 18 Vict. c. 32. As the defendant at common law has no 
adequate information to enable him to consider the question of juris- 
diction until a declaration, or something of the same nature, has 
been delivered, it was ruled in the Vice Warden's Court that this 
clause only applied to petitions in equity. Hence the mode of 
objecting to the jurisdiction was regulated by rule of Court on the 
common law si^te. 

(5) The power was to be exercised subject to the approval of the 
Lord Chancellor or a judge of the superior Courts. By sect. 5 
of 2 & 3 Vict. c. 58., a power is conferred to make rules and orders 
relating to new trials, rehearings, and matters, relating to the 
taxation of costs and practice as to the Vice Warden may seem fit, 
anything in such Act*' (i.e. the Act 6 & 7 Wm. 4. c. 106.) ** to the 
contrary notwithstanding." This last provision has been construed 



Statute 6^7 Wm. 4. c, 106. 215 

XV. And be it further enacted, That the Vice Warden 
for the time being shall in all cases in equity brought before 
him, whether by bill, petition, or otherwise, have power 
and authority to take the whole or any part of the evidence 
therein either viva voce on oath or affirmation before him- 
self or before the Registrar, or before persons duly autho- 
rized by him for administering oaths and taking affidavits, 
or on depositions taken before the Registrar or commis- 
sioners appointed for that purpose, or otherwise as the Vice 
Warden may from time to time direct by any general rule 
to be made by virtue of this Act : Provided always, that the 
said Vice Warden for the time being may, on interlocutory 
matters, and in such other cases as to him shall seem desir- 
able, receive evidence either in whole or in part on affidavits, 
and that either with or without further evidence viva voce^ 
or on depositions : Provided nevertheless, that the practice 
heretofore adopted as to taking evidence in the Court of 
the Vice Warden and of the Steward's Courts shall never- 
theless in the meanwhile continue in each and every case 
until the same shall be altered by virtue hereof or of the 
powers herein contained (a), 

XVI. And be it further enacted. That it shall and may 
be lawful for the Vice Warden to direct an issue of any fact 
arising befpre him in any suit instituted by bill, petition, or 
otherwise on the equity side of the said Court, to be tried 
by a jury, and to issue process to compel the attendance of 



to release the Vice Warden from the obligation of obtaining the 
approval of a Chancery or common law judge in matters of costs 
and of practice. If this construction be correct, the power is un- 
touched by the Act 18 Vict. c. 32. s. 23. under which general 
rules and orders touching ** all the business'* of the Court may now 
be made. 

(a) The clause, down to the second proviso apparently relates 
only to causes in equity. The proceeding by " bill" and answer on 
oath has never been in use in the Court. 

At the time of passing this Act the power of issuing general com- 
missions to administer oaths and take aflSdavits was dependent on 
the Act 4 & 5 Wm. 4. c. 42. (ante, p. 204). It was afterwards 
enlarged by sect. 6 of 2 & 3 Vict. c. 58., see post, p. 231 and the 
note ibid. The powers of the Registrar are also enlarged in the last 
mentioned Act. 



216 Appendix of Statutes. 

jurors and witnesses for that purpose, and that the Vice 
Warden shall have all necessary powers for trying the 
same and carrying the verdict thereof into execution ; and 
that, after any such issue shall be tried, a new trial may be 
moved before the Vice Warden for the time being, who 
shall have power to grant or refuse such new trial according 
to the rules of the common law and practice of the Courts 
of Westminster in granting or refusing new trials (a). 

XVn. And be it further enacted, That it shall and may 
be lawful for the Vice Warden for the time being, whether 
he be at the time in the county of Cornwall or otherwise, in 
all cases which may be brought before him, whether in the 
said county of Cornwall or otherwise, over which cases he 
has jurisdiction, to make such order by way of injunction 
or otherwise as the nature of the case may require, notwith- 
standing he may have adjourned hjs Court to some future 
time or some other place (h) ; and that for the entry of plead- 
ings, orders, proclamations, and other matters touching the 
practice of the Court in process and execution the said 
Court shall be considered, and be, at all times open ; pro- 
vided that nothing be therein done on any Sunday, Christmas 
Day, Grood Friday, or any day appointed for a public fast 
or thanksgiving. 

XVIII. And be it further enacted. That in case the Vice 
Warden shall in any proceedings instituted for that purpose 
make any decree or decretal order against any person for 
the payment of any money due or payable in respect of the 
working or management of or the providing goods for any 
mine worked for any metal or metallic mineral, and the 
person against whom such order or decretal order shall be 
made, or any person in trust for him, shall have any share 
or interest in such mine, and shall not pay the sum so 
decreed to be paid, it shall and may be lawful for the Vice 



(a) As all juries were, under this Act, juries of t*velve jurors, the 
trial of issues must be taken to refer to such a jury. 

(Jb) It is by virtue of this clause, and (it is believed) of the pre- 
vious usage, that the Vice Warden makes orders when not within 
the Stannaries; but where the order must be upon hearing or 
argument, it is not the practice to make such orders except by 
consent, or on the voluntary attendance of the parties or their agents 
before him. No power existed under this Act of " adjourning 
the Court to any place*' other than Truro. See pott, sect. 21. 



Statute ^Sfl Wm. 4. c, 106. 217 

Warden, under such regulations and in such w^y as to him 
shall seem fit, to cause a sale of such share or interest, or of 
so much thereof as shall be necessary to raise such sum and 
the costs attending such sale (a). 

XIX. And be it further enacted, That the seal of the 
Stannaries heretofore used by and considered as the seal of 
the Vice Warden for the time being shall be and be deemed 
and taken to be the seal of the Court of the Vice Warden, 
and that every process issuing from either the equity or 
common law side of the said Court shall issue under such 
seal ; and that all orders, proceedings, documents, and copies 
by the laws of the Stannaries as now existing, or by the act 
or by amr rule or order of either side of the said Court, or 
of the Vice Warden as judge of the said Court, as shall be 
required to be sealed, shall be sealed therewith. 

XX. And be it further enacted, That all barristers at 
law and all attornies and solicitors of any of the superior 
Courts of law or equity at Westminster may appear and 
plead in any proceedings in the said Court of the Vice 
Warden ; and m case any person, not being an attorney or 
solicitor of such superior Courts, shall practise in the said 
Court of the Vice Warden as attorney or solicitor, he shall 
be deemed guilty of a c<mterapt of the said Court, and be 
liable to all the penalties incident thereto, on complaint 
thereof made to the said Court ; and that all the laws and 
statutes now in force concerning attornies or solicitors 
shall, so far as the same are applicable, extend to attornies 
or solicitors practising in the said Court of the said Vice 
Warden (Jb). 

XXI. And be it further enacted, That the Court of the 
Vice Warden shall have jurisdiction throughout the county 



(a) This clause was apparently intended to coDfirm the previous 
usage of decreeing a sale of shares in a purser's suit against adven- 
turers for contribution to costs, which had been occasionally dis- 
puted. The old practice is declared in the Stannary Convocation, 
Law 11 (Tregoning*s ed. p. 101), and is the basis of the present 
procedure in the Stannaries against shareholders in arrear. The 
clause does not seera to apply to the sale of machinery on the petition 
of creditors. 

(fr) The statutes in force at the passing of this act concerning 
attornies, &c., have been since repealed, but the last Act, 6 & 7 
Vict. c. 73., applies to all Count of civil jurisdiction. 

L 



218 Appendix of Statutes, 

of Cornwall, and be held at Truro in the said county, and 
shall be a Court of record, and shall have within the limits 
of its jurisdiction all the powers, rights, privileges, and inci- 
dents of a Court of record as fully and amply to all intents 
and purposes as the same are used or exercised or enjoyed 
by any of his Majesty's Courts of law at Westminster ; and 
that the Vice Warden for the time being shall have, use, 
exercise, and enjoy all the powers, rights, privileges, and 
exemptions of a Court of record ; and that the sitting of the 
said Court shall be held as often as shall be found neces- 
sary, and at least once in every three calendar months, on 
such days as the Vice Warden shall from time to time 
appoint (a). 

XXIL And be it further enacted, That it shall and may 
be lawful for the Duke of Cornwall for the time being, or 
for his Majesty, his heirs and successors. King or Queen 
regnant of England for the time being, in case there shall 
be no Duke of Cornwall or the Duke of Cornwall for the 
time being shall be under age, by letters patent under the 
privy seal of the Duchy of Cornwall or under the great 
seal of England, as the case may be, from time to time to 
appoint a fit and proper person, being a barrister at law or 
a solicitor or attorney of one of the superior Courts at West- 
minster, to be and act as the Registrar of the said Court of 
the Vice Warden, and to attend upon and assist the said 
Vice Warden in his said Court, whether sitting as a Court 
of law or equity, and to enter and draw up all orders, 
decrees, sentences, and judgments of all kinds made and 
pronounced by him, and to take such accounts and to ex- 
ecute such references as the said Vice Warden shall direct ; 
and that the person so appointed as Registrar shall hold his 
office during his good behaviour : Provided always, that it 
shall and may be lawful for the Duke of Cornwall for the 
time being, if of full age, or his Majesty, his heirs and suc- 
cessors. King or Queen Regnant of England for the time 
being, if there be no Duke of Cornwall or if the Duke of 
Cornwall for the time being be under age, on a requisition 
to him for that purpose, stating therein sufficient grounds, 
and signed by the Vice Warden for the time being and by 
five or more of the council or of the commissioners or of 
the principal officers of the Duchy, but not otherwise, to 



(a) See, as to the time of sitting and alteration thereof, sect. 24 
of 18 Vict.c. 32., /»w»t. 



Statute 6^7 Wm. 4. c, 106. 219 

remove the person for the time being holding the said office 
of Registrar. 

XXIII. [Provides for the appointment of Registrar in 
case of a vacancy while the then Lord Warden held office.] 

XXIV. And be it further enacted, That it shall and may 
be lawful for the Vice Warden for the time being to appoint 
by writing under the seal of his Court a fit and proper 
person to be and act as his secretary, and also in like manner 
to appoint one other fit and proper person to be and act as 
prothonotary or assistant Registrar (a) in the said Court, and 
also in like manner to apjjoint one other fit and proper 
person (who shall enter into such security as the Vice 
Warden for the time being shall think fit) as collector for the 
said Court. 

XXV. And whereas it is expedient that the Vice Warden 
for the time being, and the Registrar, and the other before 
mentioned officers of his Court, should be paid by fixed 
salaries, and that all fees received by such Registrar and the 
other officers aforesaid for business done in the Court 
should be accounted for in manner hereinafter mentioned : 
And whereas his Majesty has been graciously pleased to 
direct that one moiety or half part of the salaries of the 
Vice Warden and of the before mentioned officers of his 
Court should be paid out of, and be a charge upon, the 
revenues of the Duchy, subject nevertheless to be in part 
indemnified by contribution of part of such fees so to be 
accounted for as aforesaid : And whereas it is expedient 
that for the purpose of raising money sufficient, with the 
remaining portion of such Court fees, to pay the other 
moiety or half part of the aforesaid salaries of the said Vice 
Warden and the aforesaid officers of his Court, a small 
assessment should be made on all metals and metallic 
minerals (except tin ore) (h) (over all matters connected 
with which the jurisdiction of such Court is hereby extended 
as aforesaid), and which shall be from time to time brought 
to sale in or withdrawn from any mine in the said county of 
Cornwall : — Be it therefore enacted, That there shall be paid 



(a) The office of prothonotary (called elsewhere deputy Regis- 
trar, sect. 27) will hereafter undergo modification. See act 1 1 & 12 
Vict c. 83. sect. !1, pust. 

(6) The exception of tin ore was abolished by 2 & 3 Vict, c 58. 
sect. 1. 

I. 2 



220 Appendix of Statutes, 

and payable, in the manner hereinafter mentioned, the 
yearly sums following as and for the salaries to the Vice 
Warden and the before mentioned officers of his said Court 
for the time being, videlicet, to the Vice Warden the sum 
of one thousand five hundred pounds, to the Registrar the 
sum of five hundred pounds, to the person who shall be so 
appointed the secretary to the Vice Warden the sum of one 
hundred pounds, to the prothonotary or assistant Registrar 
the sum of two hundred pounds, and to the collector the 
sum of thirty pounds ;(a) which said several sums shall be 
paid from time to time half-yearly in manner hereby 
provided, free and clear from all taxes and deductions 
whatsoever, on the twenty-fifth day of March and on the 
twenty-ninth day of September in each year, by equal 
portions, the first of such respective portions to be paid on 
the twenty-fifth day of March next ; and that if any person 
at any time holding any of the said offices shall die, resign, 
or be removed from the same, the executor or administrator 
of the person so dying, or the person so resigning or being 
removed, shall be entitled to have such proportionate part 
of his salary as shall have accrued during the time that such 
person shall have held his office since the last payment; 
and that the successor of any such person so dpring, resigning, 
or being removed as aforesaid shall be entitled to receive 
such portion of his salary as shall be accruing or shall accrue 
from the day of such death, resignation, or removal. 

XXVI. And be it further enacted, That a moiety or half 
part of the aforesaid salaries to the Vice W^arden for the 
time being and to the aforesaid officers of his said Court 
shall be a charge on the revenues of the Duchy of Cornwall, 
and that the same shall be paid by the receiver general for 
the time being of the said duchy under debentures for that 
purpose from the auditor for the time being of the said 
duchy, in [and ?] which the said auditor is hereby authorized 
to issue ; and that the said receiver general shall, on the 
twenty -fifth of March and twenty-ninth of September in 
each year, under the debentures so issued, pay, free from 
all deductions, the sums following, videlicet, to the Vicp 
W^arden for the time being the sum of three hundred and 
seventy-five pounds, to the Registrar the sum of one hundred 
and twenty-nve pounds, to the person so appointed secretary 
to the Vice Warden the sum of twenty-nve pounds, to the 



(a) Increased to 40/. by 2 & 3 Vict. c. 58. s. 1. 



Statute 6^7 Wm, 4. c. 106. 221 

prothonotary or assistant Registrar the sum of fifty pounds* 
and to the collector the sura of seven pounds ten sniilings. 

XXVIL And be it further enacted, That the person so 
as aforesaid appointed secretary to the Vice Warden, and 
the said prothonotary or deputy Registrar, and the said 
collector(a), shall once in every half year account for and 
pay over to the Registrar for the time being of such Court 
all fees received by them by virtue of their respective 
appointments during the previous half year ; and that the 
Registrar for the time being shall forthwith make out a full 
and true account of all fees received by him during such 
preceding half year, and of all fees received by the aforesaid 
officers of the said Court, and accounted for and paid to 
him as aforesaid, for the same period; and that such 
Registrar shall have such account audited by the said Vice 
Warden for the time being, in which account and audit 
there may and shall be charged and allowed such small 
sums of money as to the Vice Warden shall seem reasonable 
for the keeping order in, and the lighting, airing, and 
cleansing the place in which such Court shall be held(5), 
and shall transmit a copy of such account so audited to the 
auditor for the time being of the said duchy, and shall pay 
or cause to be paid to the said receiver or his deputy one 
third part of the total amount of fees so appearing to have 
come to the hands of such Registrar, for which sum so paid 
the receiver shall on passing his accounts give credit to the 
duchy in part discharge of the moiety of the salaries so as 
aforesaid charged on the revenues of the said duchy. 

XXVin. And be it further enacted, That there shall 
be paid and payable the sum of one farthing in the pound 
sterling on the value of all metals and metallic minerals (c) 
which shall be from time to time brought to sale in or with- 
drawn from any mine within the said county of Cornwall ; 
and that the head manager of every mine in the said county 
of Cornwall shall, within ten days after each quarterly 
account of the mine over which he is head manager shall 
have been or ought to have been made up, transmit to the 
registrar for the tinie being of the Vice Warden's Courts 



(a) The collector receives no fees under any existing provision. 

(6) The nature and extent of these allowances are now specified 
and defined by sect. 25 of act 18 Vict. c. 32. 

(c) la the original, '*tin and tin ore** are excepted throughout. 
These words are here omitted. 



222 Appendix of Statuteg, 

a full, true and particular account and return of all metals 
and metallic minerals which shall have been brought to sale 
in, or shall have been withdrawn from, the mine of which he 
is such head manager during the preceding quarter, and 
shall, in such return, state the value in money of the respec- 
tive quantities of the metals and metallic minerals specified 
therem at the time the same were respectively brought to 
sale or withdrawn, as the case may be ; and that the head 
manager of every such mine shall, on application from the 
collector of the Vice Warden's Court, pay or cause to be 
paid to such collector the sum of one farthing in the pound 
sterling on the aggregate value of all metals and metallic 
minerals which shall have been brought to sale or with- 
drawn from such mine during the preceding quarter ; and 
that every such payment by such head manager shall be 
considered as costs, and shall, on passing his account with 
respect to the mine of which he is such head manager, be 
allowed to him accordingly. 

XXIX. And be it further enacted. That the Reeistrar 
for the time being shall, out of the monies which shau from 
time to time be in his hands by means of such assessments 
as aforesaid, and by means of the remaining of the Court 
fees as aforesaid, pay to the said Vice Warden and to himself 
and the other officers aforesaid of the said Court the sums 
following, being other moiety of the said salaries, in manner 
following ; (that is to say,) shall pay on the twenty-fifth day 
of March and on the twenty-ninth day of September in each 
year, free from all deductions, to the said Vice Warden the 
sum of three hundred and seventy -five pounds, to himself the 
Registrar the sum of one hundred and twenty -five pounds, 
to the person filling the situation of secretary to the Vice 
Warden the sum of twenty-five pounds, to the prothonotary 
the sum of fifty pounds, and to the collector the sum of 
seven pounds ten shillings (a). 

XX A. And be it further enacted, That the said registrar 
for the time being shall at the end of every half year lay 
before the Vice Warden for the time being a full, true, and 
particular account of the balance remaining in his hands at 
the commencement of such preceding half year, and of all 
monies received by him during such last halt year in respect 
of such assessment as aforesaid, and when and from whom 
and from what mine received, and also shall in such account 
give credit for the remaining portion of the said Court fees 
m his hands after such payment to the auditor of the duchy 

(a) Now ten pounds. 



Statute %Sf1 Wm. 4. c, 106. 223 

as aforesaid, and shall also in like manner lay before the 
Vice Warden a full, true and particular account of all sala- 
ries and other expenses paid by such Registrar duripg the 
same period ; and that a balance shall l^ thereby struck, 
showing the balance remaining in the hands of such Registrar 
at the end of the then last half year ; and that thereupon 
the Vice Warden for the time being shall and is hereby 
required to audit the said account, and also the said account 
for Court fees hereinbefore mentioned, and if the same shall 
be found correct to allow the same respectively by putting 
his signature thereto; and that such accounts when so allowed 
shall be filed amongst the records of the said Court, and be 
open for the inspecti(m of all persons in the usual way : 
Provided alwaysi, that if it shall at any time appear to the 
Vice Warden for the time being, on auditing such account 
of the Registrar, that there remains a general balance in his 
hands sufficient to meet all payments hereby authorized to 
be made thereout for the next half year, then and in such 
case the Vice Warden shall have power, and is hereby 
required, to give notice thereof by advertisement in the 
county papers, or in such way as he shall think fit ; and that 
thereupon no assessment shall be made or become payable 
in respect of the said one farthing in the pound sterling on 
the value of all metals and metollic minerals as aforesaid 
during such succeeding half year : Provided nevertheless, 
that, sdthough no such assessment shall in such case be made 
during such period, the said manager of every mine is re- 
quired to, and shall, make such return as aforesaid to the said 
Registrar of all metals and metallic minerals brought to sale 
or withdrawn from the mine over which he is such head 
manager, precisely as if such assessments were or would be 
payable in respect of the ore specified in such return. 

XXXI. And be it further enacted, That if the head 
manager of any mine shall omit to make such full, true and 
particular return as hereby required of the quantities of 
metals and metallic minerals brought to sale or withdrawn 
as aforesaid in the mine of which he is such head manager, 
or of the value thereof, as is hereby required, or shall, on 
demand made, omit to pay or cause to be paid such assess- 
ment as aforesaid, or shall wilfully make any false or incor- 
rect return, then and in every such case such head manager 
shall be subject for every such offence to a penalty not 
exceeding fifty pounds (a). 

(a) See the remedy for such penalty, Act 18 AHct. c. 32. s. 27. 



224 Appendix of Statutes. 

XXXII. And be it enacted, That the Vice Warden for 
the time being may and shall in the present and every suc- 
ceeding year order the clerk of the peace for the county of 
Cornwall to make out a duplicate of the jurors book at the 
time in use, or about to be brought into use, or of such part 
of the said book as such Vice Warden may think fit to specify 
in such order (a) ; and the clerk of the peace, upon receipt 
of such order, shall, with all convenient speed, make out such 
duplicate, and deliver the same to the Registrar of the Court 
of such Vice Warden ; and that every such duplicate shall 
be the book of jurors qualified and liable to serve as jury- 
men in all cases before the Vice Warden for the time being, 
and that every such duplicate shall be kept by the Registrar, 
and shall be by him used as the jurors booK for the time 
being. 

XXXin. And be it enacted. That the Registrar of the 
said Court shall cause to be summoned, one week before the 
first day of each sitting of such Vice Warden, forty-eight (&) 
persons named in the jurors book by him kept as aforesaid 
to attend at the time and place appointed for holding such 
sitting ; and every such summons shall be according to the 
form given in the schedule hereto annexed, and shall be 
served either personally on each such person or by leaving 
it at his dwelling-house ; and that in summoning such per- 
sons regard shall always be had as far as may be to the con- 
venience of the individuals so summoned ; and no person 
shall be summoned oftener than once in a year. 

XXXIV. And be it enacted. That the Registrar of the 
said Court shall make a list of the jurors so summoned, 
together with the places of abode and additions, and shall 
cause their names to be written severally on slips of paper 
and put into a box, and the names of the jurors for the trial 
of causes shall be drawn out of the box by the Registrar ; 
and each party may, until no more than twelve remain, 
object to any person whose name is drawn out, without 
assigning any cause ; and if any objection is made to the 
twelve so remaining, it must be stated to and decided on 
by the Vice Warden for the time being ; and if any such 



(a) The practice is to order a copy of so much of the book as 
relates to certain parishes ; those which are situate in miniDg districts 
being selected. 

(b) Reduced to thirty-six persons by Act 1 1 & 12 Vict. c. 83. 
sect. 8. 



Statute QSfl Wm, 4. c, 106. 225 

objection be allowed, the names of the jurors rejected with- 
out cause assigned shall be returned to the box, and drawn 
again until a sufficient number be found to make a jury of 
twelve ; and such jury of twelve shall be the jury sworn for 
the trial (a) : Provided always, That if there shall not be 
twelve persons attending, or against whom no objection 
shall have been allowed, it shall be lawful for the said Vice 
Warden to order the requisite number of persons from 
among the bystanders to be summoned by the Registrar, 
and sit on the jury, subject to any objections which may be 
made for causes assigned, ex(«pt for want of qualification 
or want of summons; Provided also, That the said Vice 
Warden may, if he sees fit, direct the Registrar to divide 
the list of forty -eight jurors into two lists, and to require 
the persons in the one list to attend and serve for so many 
days at the beginning of the sittings as the said Vice 
Warden shall order, and those in the other list to attend 
and serve for the residue of the sittings, according as the 
said Vice Warden shall think fittest for the convenience of 
the said persons ; and then, and in that case, the Registrar 
shall divide the said list of forty-eight jurors into two lists, 
and cause the persons named in each of such lists to be 
summoned to attend on different days accordingly. 

XXXV. And be it enacted. That if any person, having 
been duly summoned to attend as a juror in the Court of 
the Vice Warden, shall not attend in pursuance of such 
summons, or being thrice called in Court shall not answer 
to his name, or if any such person being present in Court, 
or any such bystander in Court, after having been called, 
shall not duly appear, or after his appearance shall wilfully 
withdraw himself from the presence of the said Court, it 
shall be lawful for the said Vice Warden to impose such 
fine upon every such person or bystander so making default 
(unless some reasonable excuse shall be given to the satis- 
faction of the said Vice Warden) as to the said Vice Warden 
shall seem meet; and if such fine shall not be paid at the 
time ordered by the said Vice Warden, the same shall and 

(a) The old number of jurors in ordinary trials in the Steward's 
Court was six. The number has been reduced from twelve to five 
in small causes by sect. 7 of Act 11 & 12 Vi(t. c. 83. 'fhe lan^ 
guage of the present Act seems to preclude the parties from impa- 
nelling a special jury except by consent. The records of the Court 
shew that special juries were not unknown in its former practice. 
l3 



226 Appendix ofStaiuteg. 

may be levied by writ of fieri facias to be issued out of 
the common law side of the said Court of the Vice War- 
den (a). 

XXXXVI. And be it further enacted, That the Vice 
Warden for the time being shall and may appoint a fit and 
proper person to be crier and usher of his said Court, who 
shall hold his office during the pleasure of the Vice Warden 
for the time being, and may be removed in a summary 
manner, and may and shall receive such fees for acting as 
crier and usher of the said Court as the said Vice Warden 
shall from time to time, by virtue of the provisions herein 
contained, authorize. 

XXXVII. And be it further enacted, That the Vice 
Warden for the time being shall not during his continuance 
in such office practise as a barrister and that the Registrar 
for the time being of the said Court shall not during his 
continuance in such office practise as a barrister or solicitor 
or attorney in such Court, or in any other Court of law or 
equity in the United Kingom of England and Ireland. 

XXXVIII. And be it further enacted, That the Vice 
Warden for the time being shall not demand or take, upon 
any pretence, any fee, gratuity. Or reward whatever ; and 
that such Registrar and other aforesaid officers of the said 
Court appointed under this Act shall not demand or take, 
upon any pretence whatever, any fee, gratuity, or reward 
other than and except such as are hereby authorized, or 
as shall be from time to time settled and allowed by the 
Vice Warden for the time being by virtue hereof or of the 
provisions herein contained ; and that if any such person 
shall offend in that behalf he shall be removed from the 
office he shall then hold, and be disabled from again holding 
the same or any other office under this Act. 

XXXI X. And be it further enacted. That a table of all 
fees for the time bein^ authorized by the Vice Warden to 
be taken by any solicitor or attorney practising in his said 
Court, or by any officer of his said Court, for business done 
therein, shall be hung up in some conspicuous place in such 
Court. 

XL. And whereas the gaol belonging to the Courts here- 
tofore the Courts of the Vice Warden and of the Stannaries 
is situate at Lostwithiel in the said county of Cornwall : 
and whereas it would tend more to the public convenience 



(a) See sect. 27 of 18 Vict. c. 32. 



Statute 6^7 Wm, 4. o, 106. 227 

that the Court of the Vice Warden should use as its gaol 
or prison for all purposes the prison belonging to the county 
of Cornwall, and situate at Bodmin, in lieu or place of the 
said gaol at Lostwithiel; be it therefore enacted, that every 
person hereafter arrested or taken prisoner or detained by 
virtue of any writ, process, order, decree, or proceeding 
issuing out of or from or by either side of the said Court of 
the Vice Warden of the Stannaries, or committed for con- 
tempt of the said Court, shall be taken to the county prison 
at Bodmin in the said county of Cornwall, or to other the 
prison for the time being of the said county, in the same 
manner, and subject to the same provisions and regulations 
in every respect, as if such person were arrested and con- 
veyed to the prison b^ virtue of any writ, process, order, 
decree, or proceeding issuing out of any of the superior 
Courts of law or equity at Westminster, or committed for 
contempt by any of the said last mentioned Courts ; and 
the gaoler or keeper for the time being of such county prison 
as aforesaid is hereby authorized and required to receive 
into such county prison every person so arrested and con- 
veyed to prison by virtue of any writ, process, order, decree, 
or proceeding issuing out of or from or by either side of the 
said Court of the Vice Warden, or so committed for con- 
tempt of the said Court as aforesaid, and to maintain, sup- 
port, and provide for every such person in the same manner 
as if he had been arrested and brought to the said county 
prison by virtue of any writ, process, order, decree, or pro- 
ceeding issued out of any of the superior Courts of law or 
equity at Westminster, or were committed for contempt of 
any of the said last mentioned Courts ; and that all and 
singular the charges and expences of maintaining, support- 
ing, and providing for every person so arrested or committed 
to the said county prison as aforesaid shall be paid and 
defrayed out of such portion of county rate of the said 
county of Cornwall as for the time being shall be applicable 
to the support of the debtors confined in the said county 
prison. 

XLI. And be it enacted, That all jurisdictions, powers, 
and authorities heretofore lawfully exercised by the Vice 
AVarden or Steward or any Judge of any of the Stannaries 
shall be hereafter exercised by the Vice Warden for the 
time being ; and that all penalties heretofore authorized to 
be recovered, and all oaths heretofore required or authorized 
to be taken, and all acts, matters, and things heretofore 
required or authorized to be had or done in any of the 



228 Appendix of Statutes, 

Courts of the Stannaries, or before the Vice Warden or the 
Steward of any of the Stannaries, shall be and are hereby 
required and authorized to be recovered, taken, had, and 
done before the Vice Warden or in the Court (a) of the 
Vice Warden, as the case may be ; and that all proclama- 
tions (&), returns, certificates, exhibits, matters and things 
heretofore required to be made, transmitted, or given to 
or deposited with any of the Courts of the Stannaries, or 
the Vice Warden or Steward of any of the Stannaries, 
shall be and are hereby required to be made, transmitted, 
and given to and deposited with the Court of the Vice 
Warden ; and all bonds and recognizances heretofore re- 
quired to be entered into before the Steward or any of the 
Courts of the Stannaries shall be entered into before the 
Registrar of the said Court. 

XLIL And be it further enacted. That it shall be lawful 
for the Court of King's Bench at Westminster, on the appli- 
cation of any party to any action or suit on the common law 
side of the said Court of the Vice Warden, on special and 
sufficient cause shown by affidavit to the satisfaction of such 
Court of King's Bench that an impartial or sufficient trial 
cannot be had in such Court of the Vice Warden, to r.- 
move, by writ of certiorari, all proceedings which may have 
been had in such action or suit, and to deal therewith, and 
to make such orders respecting the same and the future trial 
of and proceedings in such action or suit as to the said Court 
of King's Bench shall seem meet. 

XLIII. And be it further enacted. That all acts, statutes, 
laws, liberties, privileges, customs, rights, usages, and free- 
doms at the time of passing this act m force m any of the 
Stannaries of the said county of Cornwall shall, notwith- 
standing any thing herein contained, continue and be and 
have the same force and effect as if this Act had not passed, 
save and except so far as the same or any of them are con- 
trary or repugnant to the laws of this realm or inconsistent 
with the provisions herein contained, or are annulled, re- 



(a) In this and some other parts of this Act, the " Vice Warden," 
or " Court of the Vice Warden," are separately specified ; wliether 
the terms were regarded as synonymous or as distinguishable doe> 
not always appear. See also section 21, unte^ p. 218. 

(6) The ** proclamations" seem to mean the proclamations of tin 
bounds formerly made in the Stewards* Courts. 



Statute 6^7 Wm. 4. c. 106. 229 

pealed, or altered hereby or by means of any of the powers 
and authorities hereby given. 

XLIV. And be it further enacted, That wherever this 
Act, in describing or referring to any person or matter or 
thing, uses the words importing the siiigvlar number or the 
masculine gender only, the same shall be understood to include 
and shall be applied to several persons as well as one person, 
and to females as well as males, and bodies corporate as well 
as individuals, and several matters or things respectively as 
well as one matter or thing respectively, unless there be 
something in the subject or context repugnant to such con- 
struction ; 

And that wherever the word " plaintiff^' or " defendant'* 
is used it shall mean the person instituting the proceedings 
or the person against whom proceedings are instituted res- 
pectively, in whatever way such proceedings are commenced ; 

And wherever the word " mine'* is used, it shall mean any 
mine, work, or adventure wherein, or connected with whicn, 
any metals or metallic minerals are worked ; 

And that wherever the words ^^head manager of any mine" 
is used it shall mean the captain, purser, or other person 
who for the time being shall have the principal superin- 
tendence over such mine ; 

And that the powers hereby given to the Lord Chancellor 
of England shall and may be used by the lords commissioners 
for the custody of, or the Lord Keeper of, the Great Seal for 
the time being. 

Provided always, that nothing herein contained shall apply 
to or affect or extend or be considered as extending to the 
county of Devon, or the Stannaries within the said county, 
except as to the service in the said county of Devon of any 
writ of subpoena issuing out of such Vice Warden's Court 
as hereinbefore provided (a). 

XLV. And be it further enacted. That this Act shall 
commence and take effect on the twenty-ninth day of Sep- 
tember one thousand eight hundred and thirtv-six. 

XLVI. [Provision for amending, &c., the Act during the 
same session of Parliament].. 



(a) This exemption of Devon and its Stannaries from the opeia* 
tion of the Act has, in effect, ceased, since the passing of the Act 
18 Vict. c. 32., pos«. 



230 Appendix of Statutes, 

SCHEDULE to which the foregoing Act refers [s. 33] . 
Form of Summons to Jurors, 

You are hereby required to attend and serve as a juror at 
the sitting to be holden before Vice Warden of the 

Stannaries, at his Court (a), on the day of 

next 

Registrar of 

To A 5. day of 183 . 



Act 1 & 2 Vict. cap. 110. 

An Act for aholishing Arrest on Mesne Process in Civil 
ActionSy except in certain Cases ; for extending the Reme- 
dies of Creditors (igainst the Property of Debtors; and 
for amending the Laws for the Relief of Insoloent Debtors 
in England. [16th August, 1838.] 

' Whereas the present power of arrest upon mesne process 
' is unnecessarily extensive and severe, and ought to be 
* relaxed : ' Be it therefore enacted by the Queen's most 
excellent Majesty, by and with the advice and consent of 
the lords spiritual and temporal, and commons, in this pre- 
sent Parliament assembled, and by the authority of the 
same. That from and after the time appointed for the com- 
mencement of this Act no person shall be arrested upon 
mesne process in any civil action in any inferior Court 
whatsoever, or (except in the cases and in the manner 
hereinafter provided for) in any superior Court. 

XII. And be it enacted, That by^ virtue of anj writ of 
fieri facias to be sued out of any superior or inferior Court 
after the time appointed for the commencement of this Act, 
or any precept in pursuance thereof, the sheriff or other 
officer having the execution thereof may and shall seize and 
take any money or bank notes, (whether of the governor 
and company of the Bank of Eni^land, or of any other bank 
or bankers,) and any cheques, bills of exchange, promissory 
notes, bonds, specialties, or other securities for money be- 
longing to the person against whose effects such writ of fieri 



(a) It will now be advisable to mention here the place where the 
(}ourt is to be held. 



Statute lSf2 Vict, c. 110. 281 

facias shall be sued out ; and may and shall pay or deliver 
to the party suing out such execution any money or bank 
notes which shall be so seized, or a sufficient part thereof; 
and may and shall hold any such cheques, bills of exchanffe^ 
promissory notes, bonds, specialties, or other securities for 
money as a security or securities for the amount by such 
writ of fieri facias directed to be levied, or so much thereof 
as shall not have been otherwise levied and raised ; and 
may sue in the name of such sheriff or other officer for the 
recovery of the sum or sums secured thereby, if and when 
the time of payment thereof shall have arrived ; and that 
the payment to such sheriff or other officer by the party 
liable on any such cheque, bill of exchana:e, promissory 
note, bond, specialty, or other security, with or without 
suit, or the recovery and levying execution against the 
party so liable, shall discharge him to the extent of such 
payment, or of such recovery and levy in execution, as the 
case may be, from his liability on any such cheque, bill of 
exchange, promissory note, bond, specialty, or other secu- 
rity ; and such sheriff or other officer may and shall pay 
over to the party suing out such writ the money so to be 
recovered, or such part thereof as shall be sufficient to dis- 
charge the amount by such writ directed to be levied ; and 
if, after satisfaction of the amount so to be levied, together 
with sheriff's poundage and expences, any surplus shall 
remain in the hands of such sheriff or other officer,.the same 
shall be paid to the party against whom such writ shall be 
so issued; provided that no such sheriff or other officer 
shall be bound to sue any party liable upon any such cheque, 
bill of exchange, promissory note, bond, specialty, or other 
security, unless the party suing out such execution shsJl 
enter into a bond, with two sufficient sureties, for indemnify- 
ing him from all costs and expences to be incurred in the 
prosecution of such aciion, or to which he may become liable 
m consequence thereof, the expence of such bond to be 
deducted out of any money to be recovered in such action. 

XVII. And be it enacted, That every judgment debt 
shall carry interest at the rate of four pounds per centum 
per annum from the time of entering up the judgment, or 
from the time of the commencement of this Act in cases of 
judgments then entered up and not carrying interest, until 
the same shall be satisfied, and such interest may be levied 
under a wrjt of execution on such judgment. 

XXII. And be it enacted. That in all cases where final 
judgment shall be obtained in any action or suit in any 
inferior Court of record in which at the time of passing of 



232 Appendix of Statutes, 

this Act a barrister of not less than seTen years standing 
shall act as jud^ assessor, or assistant in the trial of 
caoses, and also in all cases where any role (a) or order 
shall be made' by any such inferior Court of record as 
aforesaid whereby any sum of money, or any costs, charges, 
or expences, shall be payable to any person, it shall be 
lawftu for the Judges of any of her Majesty's superior 
Courts of record at Westminster, or if such inferior Court 
be within the county Palatine of Lancaster for the Judges 
of the Court of Common Pleas at Lancaster, or for any 
Judge of any of the said Courts at Chambers, either in 
term or vacation, upon the application of any persons who 
at the time of the commencement of this Act shall have 
recovered or who shall at any time thereafter recover such 
judgment, or to whom any money, or costs, charges, or ex- 
pences, shall be payable by such rule or order, as aforesaid, 
or upon the application of any person on his behalf, and 
upon the production of the record of such judgment, or 
upon the production of such rule or order, such record, or 
rule or order, as the case may be, being respectively under 
the seal of the inferior Court and signature of the proper 
officer thereof, to order and direct the judgment, or, as the 
case may be, the rule or order, of such inferior Court to be 
removed into the said superior Court or into the Court of 
Conmion Pleas at Lancaster, as the case may be, and imme- 
diately thereupon such judgment, rule or order shall be of 
the same force, charge, and effect as a judgment recovered 
in, or a rule or order made by, such superior Court, and all 
proceedings shall and may be immediately had and taken 
thereu|)on or by reason or in consequence thereof as if such 
judgment so recovered, or rule or order so made, had been 
originally recovered in, or made by, the said superior Court, 
or into the Court of Common Pleas at Lancaster, as the case 
may be ; and all the reasonable costs and charges attendant 
upon such application and removal shall be recovered in 
like manner as if the same were part of such judgment or 
rule or order : Provided always, that no such judgment or 
rule or order when so removed as aforesaid shall atfect any 
lands, tenements, or hereditaments, as to purchasers, mort- 
gagees, or creditors, any further than the same would have 
done if the same had remained a judgment, rule, or order of 
such inferior Court, unless and until a writ of execution 
thereon shall be actually put into the hands of the sheriff or 
other officer appointed to execute the same. 

(a) See ante, sect. 12 of 6 & 7 Wm. 4. c. 106., p. 213. 



Statute 2^3 Vict. c. 58. 233 



Act 2 & 3 Vict. cap. 58. 

An Act to make further Provision for the Administration of 
Justice, aiidfor improving the Practice and Proceedings, in 
the Courts of the Stannaries of Cornwall; and for the 
Prevention of Frauds by Workmen employed in Mines 
within the County of ComwaU, [17th August, 1839. J 

Whereas by an Act passed in the last session of Parliament, 
for the abolition of the duties payable on the coinage of tin 
in the counties of Cornwall and Devon, and for giving com- 
pensation in lieu of such duties, and to reduce the duties of 
customs payable on tin, the tinners of Cornwall were re- 
leased from all payment of the duty of coinage on tin and 
tin ore raised withm the county, and thereupon it is reason- 
able and just that the said tin ore be subject to the like 
assessment as all other metals and metallic minerals raised 
in the said county are subject by virtue of an Act made and 
passed at a Parliament held in the sixth and seventh years 
of the reign of his late Majesty King William the Fourth, 
to make provision for the more expeditious administration 
of justice in the Stannaries of Cornwall, and for improving 
the practice and proceedings in the Courts of the said 
Stannaries : And whereas also it is expedient that such 
last mentioned Act be amended in certain cases : 

Be it therefore enacted by the Queen's most Excellent 
Majesty, by and with the advice and consent of the lords 
spiritual and temporal, and commons, in this present Parlia- 
ment assembled, and by the authority of the same. That 
from and after the twenty-ninth day of September one 
thousand eight hundred and thirty-nine there be paid and 
payable the sum of one farthing in the pound sterling on the 
value of all tin and tin ore which shall from time to time 
be brought to sale in or withdrawn from any mine or stream 
work within the said county of Cornwall ; and that the head 
manager of every tin mine and stream work shall, in respect 
of such tin and tin ore, and the assessment and payment of 
one farthing in the pound sterling thereon, be liable to all 
such obligations, penalties, and payments, and allow all such 
discharges, as are imposed on and allowed to the head 
raana&:er of any other mine in the said county in respect of 
the like assessment and payment on other metals and 
metallic minerals imposed by virtue of the said Act passed 
at the Parliament held in the sixth and seventh years of the 



284 Appendix of Statutes. 

reign of his late Majesty King William the Fourth ; and that 
the monies arising bj means of such assessment on tin and 
tin ore shall form part of the general fund provided bj the 
said last mentioned Act and arising from the assessment of 
metals and metallic minerals, and be recovered and applied 
according to the provisions of the said Act ; and that from 
and after the said twenty-ninth day of September one thou- 
sand eight hundred and thirty-nine there be paid to the 
collector of such assessment, in addition to his present 
salary, the sum of ten pounds in every year, charged in 
equal moieties on the said fund and on the revenues of the 
duchy of Cornwall, and payable as his present salary is paid. 

II. And whereas the attendance of jurors at the Court of 
the Vice Warden of the said Stannaries is long and laborious ; 
be it therefore enacted. That all persons who shall duly 
attend the said Court as jurors shall be exempted from 
attendance as jurors at the sessions for the said county of 
Cornwall for one year from the time of their attendance as 
jurors at the said Court, and the Vice Warden of the said 
Stannaries shall at the close of each of his sittings cause to 
be made and sent to the clerk of the peace of the said county 
a list of those jurors who shall have duly attended at his said 
Court. [Proviso as to appropriation of fines imposed by 
the Vice Warden, Repealed]. 

in. [Repealed provision limiting appeals in cases of 
damages not exceeding 20/., and requiring security on 
apneas]. 

IV. [Repealed provision for restricting appeals from 
decrees]. 

V. And be it enacted. That so much of the said Act 
passed at the Parliament held in the sixth and seventh 
years of the reign of his late Majesty as regulates the time 
within which any motion must be made for a new trial (a) 
shall be and the same is hereby repealed ; and that the said 
Vice Warden may make such rules and orders in his said 
Court relating to the time for moving for new trials and re- 
hearings of causes, and to all matters relating to the taxation 
of costs, and to practice, as to him may from time to time 
seem fit, any thing in such Act to the contrary notwith- 
standing (6). 



(a) See sect 8 of the Act here referred to. 
(6) This limited power of making rules and orders is still io force. 
See secU 23 of 18 Vict. c. 32., and ante, p. 214, n. (6). 



Statute 2^3 Vict, e. 58. 235 

YI. And be it enacted, That the Kegistrar of the said 
Court of the said Vice Warden may, in all causes pending 
therein, administer oaths, take affidavits and affirmations, 
and receive depositions relating thereto; and that anj 
commissioner of the superior Courts of common law at 
Westminster, having by commission from such Courts or 
any of them authority to take affidavits in matters relating 
to such Courts or any of them, may, without fee or reward, 
apply for and have, by commission of the said Vice Warden, 
under his seal of the Stannaries, authority to take affidavits 
and affirmations in all suits and matters in the Court of 
common law of the said Vice Warden ; and that the said Vice 
Warden may, without fee or reward, by commission under 
his said seal, give authority to any solicitor of the superior 
Court of equity, or to any attorney of any of the said superior 
Courts of common law resident or practising in or near 
Westminster, to take affidavits and affirmations in all suits 
and matters in the Court of the said Vice Warden («). 

VII. And be it enacted. That if, in consequence of acci- 
dent or illness, the said Vice Warden shall be prevented 
from attending at Truro on the day appointed for him to 
hold his sittings there, or any adjournment thereof, the 
Registrar of the said Court of the said Vice Warden shall 
have power from time to time to open and adjourn such 
Court, and thereupon all persons summoned or bound or 



(«i) The Act 4 & 5 Wm. 4. c. 42. (ante, p. 208) empowered the 
commissioners of the superior Courts of common law to receive com- 
missions and take affidavits in causes brought by appeal before the 
Vice Warden. After the Court of the Vice Warden became a Court 
of original jurisdiction, it was doubted whether the power did not 
cease as to common law causes ; and although the same Act autho- 
rizes the Vice Warden to grant commissions to Masters extraordinary 
in Chancery to take affidavits in " all other suits or matters,** yet 
thi«: clause was considered insufficient to supply the defect, inasmuch 
as it seems to contemplate only proceedings in equity. Hence the 
insertion of the present clause, which however is rather loosely 
expressed in the latter part. It would have been desirable to dis< 
pense with the Vice Warden's commission altogether, and to give 
the power at once to all commissioners for the superior Courts of 
law or equity ; especially as the Vice Warden has no discretion 
in the choice of the party commissioned. 



236 Appendix of Statutes. 

having occasion to attend thereat shall attend according to 
such adjournment as if the Vice Warden had been present 
and adjourned the Court ; and the Vice Warden, when he 
shall be present at such Court so adjourned, shall proceed 
thereat as if the day of adjournment had been the daj 
originally appointed for the holding thereof; and the said 
Vice Warden shall, without delay, send a statement in wri- 
ting for the Lord Warden, to be delivered to the secretary of 
the Lord Warden, of the cause whereby he was prevented 
from attending as aforesaid ; and the said Lord Warden 
shall, without delay, produce such statement to the council 
or commissioners or principal oflScers of the said duchy who 
have authority to require the removal of the Vice Warden 
from his office : Provided also, that in case of a sufficient 
cause being at any time shown to such council or commis- 
sioners or principal officers, a majority of five of them the 
said council or commissioners or principal officers as afore- 
said, of whom the said Lord Warden, if he be present, shall 
be one, may appoint a fit person, being a barrister of ten 
years standing at the least, to execute the duties of the 
Vice Warden for a time not exceeding four calendar 
months together (a). 

Vin. And be it enacted. That if any person be in custody 
for contempt, or be alleged to be in contempt, of any order 
or decree of the said Vice Warden, or be in custody for any 
cause relating to his said Court, when the same Court is not 
sitting, such person shall, by order of the Court, be brought 
before the Vice Warden or Registrar, who shall hear the 
defence or allegations of such person, and thereupon the 
said Vice Warden may commit, or the said Vice Warden or 
Registrar may, in their discretion, resj?ectively discharge 
sucn person altogether, or may otherwise discharge such 
person until the next sittings or for some shorter period, on 
such person so discharged 'giving good security for his 
appearance at the next sittings or the expiration of such 
snorter period, and on such other terms as the nature of the 
case may require : Provided always, that if such security be 
forfeited the Vice Warden may thereupon order what shall 
appear to be just, and give relief accordingly. 

IX. [A repealed provision for enabling the Registrar to 
make formal amendments before plea or answer] (o). 

(a) This is to some extent altered by sect. 24 of 18 Vict. c. 32. 
{b) These powers are enlarged by sect. 19 of Act 18 Vict. c. 32. 



Statute 7 SfS Vict e, 19. 237 

X. And for the prosecution and punishment of frauds in 
mines by idle and dishonest workmen removing or conceal- 
ing ore for the purpose of obtaining more wages than are of 
right due to them, and thereby defrauding the adventurers 
in or proprietors of such mines, or the honest and industrious 
workmen therein, be it enacted, That if anjr person or per- 
sons employed in or about any mine withm the county of 
Cornwall shall take, remove, or conceal the ore of any metal, 
or any lapis calaminaris, manganese, mundick, or other 
mineral found or being in such mine, with intent to defraud 
the proprietor or proprietors of or adventurer or adventurers 
in such mine, or any one or more of them respectively, or 
any workman or miner employed therein, then and in every 
such case respectively such person or persons so offending 
shall be deemed and taken to be guilty of felony, and being 
convicted thereof shall be liable to be punished in the same 
manner as in the case of simple larceny (a). 



Act 7 & 8 Vict. cap. 19. 

An Act for regulating the Bailiffs of Inferior Courts (b), 

[eth June, 1844.] 

Whereas Courts are holden in and for sundry counties, 
hundreds, and wapentakes, honours, manors, and other 
lordships, liberties, and franchises, having by custom or 
charter jurisdiction for the recovery of debts and damages 
in personal actions, and in many places great extortion is 
practised under colour of the process of such Courts : For 



(a) This is extended to Devonshire by sect. 28 of 18 Vict. c. 32. 

{b) This has been partly reprinted here, because some of its 
provisions are referred to, and made applicable to the Vice Warden's 
Court by the act 11 & 12 Vict. c. 83. s. 9., post, p. 255. Whether it 
would have applied to the Court without such express provision is 
doubtful. Another act, passed in the same session (7 & 8 Vict, 
c. 96), contains provisions in some respects similar to those of the 
present act. Those which are supposed to be clearly applicable to 
the Vice Warden's Court are stated hereafter. 



288 Appendix of Statutes, 

remedy thereof, be it enacted by the Queen's most excellent 
Majesty, by and with the advice and consent of the lords 
spiritual and temporal, and commons, in this present Par- 
kament assembled, and by the authority of the same, that 
the judge of every such Court shall have power to appoint 
a sid£cient number of proper and responsible persons to act 
as bailiffs of the said Court, and in the execution of the 
process thereof, and to suspend or dismiss any such bailiff 
for misconduct, and no bailiff so dismissed shall be qualified 
to be reappointed ; and the bailiffs of the Court so appointed, 
and no other persons, save as hereinafter mentioned, shall 
serve all summonses, and execute all orders, warrants, 

grecepts, writs, and other processes issued out of the said 
ourt ; and a list containing the name and place of abode 
of every such bailiff shall be put up in a conspicuous place 
in the said Court : Provided always, that this act shall not 
extend to prevent any process from being executed by any 
high sheriff or high bailiff, or any officer appointed by act 
of Parliament to perform the duties of sheriff with regard to 
the execution of process out of any such Court, or his or 
their bound bailiffs or other officers. 

m. And be it enacted, That every bailiff authorized to 
execute the process of any such Court who shall wilfully 
and corruptly exact, take, or accept any fee or reward 
I whatsoever other than and except such fees as shall be 

[ allowed by law and declared by order of the Court, which 

I shall be put up in some conspicuous place in the Court, shall, 

j upon proof thereof before the said Court, be for ever 

1 incapable of serving or being employed in any office of profit 

i or emolument of the said Court. 

■ IV. And be it enacted. That if any bailiff acting under 

• colour or pretence of the process of any such Court shall be 

; guilty of extortion or misconduct, or shall not duly pay or 

I account for any money levied under process of the said 

1 Court, it shall be lawful for the judge to inquire into such 

1 matter in a summary way, and for that purpose to summon 

' and enforce the attendance of all necessary parties, and to 

! make such order thereupon for the repayment of any money 

I extorted, or for the due payment of any money so levied as 

I aforesaid, and for the payment of such damages and costs 

I to the parties aggrieved, as he shall think just; and in 

I default of payment of any money so ordered to be paid 

i within the time specked for the payment thereof it shall be 

I lawful for the judge of the said Cfourt, by warrant under 

his hand and seal, to cause such sum to be levied by distress 



Statute 1 Sf% Vict. c. 65. 239 

and sale of the goods of the offender, together with the 
reasonable charges of such distress and sale, and in default 
of such distress to commit the offender to the county gaol 
or house of correction for any time not exceeding one 
calendar month. 

VII. And be it enacted, That if any bailiff of any such 
Court shall be assaulted while in the execution of his duty, 
or if any rescue shall be made or attempted to be made of 
any person or goods taken or levied under process of any 
such Court, the person offending therein, on conviction 
thereof before any two justices of the peace, shall be im- 
prisoned with or without hard labour in the common gaol 
or house of correction for any term not exceeding three 
calendar months, or shall forfeit and pay such fine not 
exceeding five pounds as may be set upon him by the said 
justices of the peace ; and every such fine, with the costs of 
conviction, in case of nonpayment thereof, shall be levied by 
distress and sale of the goods of the offender. 



Act 7 & 8 Vict. cap. 65. 

An Act to enable the Council of his Royal Highness Albert 
Edward^ Prince of Wales^ to s^ll and exchange Lands and 
enfranchise Copyholds^ Parcel of the Possessions of the 
Duchy of Cornwall^ to purchase other Lands, and for other 
Purposes, [6th August, 1844.] 

XL. And whereas the business of the Court of the Vice 
Warden of the Stannaries of Cornwall is usually carried on 
in ihe borough of Truro, but there is at present no proper 
court-house or other accommodation for the said Court and 
for the officers and suitors thereof: And whereas the mayor, 
aldermen and burgesses of the borough of Truro, in the 
county of Cornwall, intend shortly to rebuild the Town- 
hall of the said borough, and have offered, in consideration 
of the sum of one thousand five hundred pounds, to be paid 
to them by the Duke of Cornwall, to provide such sufficient 
accommodation for the said Court and officers, as hereinafter 
mentioned, within the new Town-hall of the said borough ; 
Be it therefore enacted. That, provided the said mayor, 
aldermen and burgesses of Truro afi^resaid shall within two 
years after the passing of this act, rebuild the said Town- 



240 Appendix of Statutes. 

hall, and provide within the said Town-hall a court-room, 
record office, and other rooms proper and sufficient for the 
accommodation of the said Vice Warden and officers and 
suitors of the Court of the Stannaries of Cornwall, according 
to plans to be approved of by the council of his said Royal 
Highness, it shall be lawful for the council of his said Royal 
Highness, out of the revenues of the said duchy, or out of 
anj sums of money to be received under the authority of 
this act, to pay to the said mayor, aldermen and burgesses 
of the said borough of Truro the sura of one thousand five 
hundred pounds (the receipt whereof shall be acknowledged 
under the common seal of the corporation of Truro), towards 
the expense of erecting the said Town-hall, and that from 
and after the payment of the said sum of one thousand five 
hundred pounds, the said court-room shall, at all times when 
the same shall be required by the said Vice Warden (except 
at the times hereinafter mentioned), be exclusively appro- 
priated to the use of the Vice Warden, officers and suitors 
of the said Court of the Stannaries of Cornwall during the 
sitting thereof, and shall be at all such times, as to the 
cleaning, lighting, warming thereof, and the attendance 
therein, and m all other respects, at the entire disposal of 
the said Vice Warden ; and as to the said record office and 
other rooms to be provided as aforesaid, the Registrar and 
other officers of the said Court shall at all times thereafter 
be entitled to the exclusive use and occupation of the same 
for the custody of the records of the said Court, and the 
performance of the duties of their respective offices : Pro- 
vided nevertheless, that the said court-room shall not be 
required to be so appropriated as aforesaid on the ninth day 
of November in any year, nor during the election of a 
member of Parliament for the county of Cornwall or the 
borough of Truro ; but that the said mayor, aldermen and 
burgesses shall, at such times, if necessary, provide some 
other sufficient room for the sittings of the said Court : 
Provided also, that it shall be lawful for the said mayor, 
aldermen and burgesses, or their successors, at any time 
hereafter, to repay to his said Royal Highness, his heirs 
or successors, the said sum of one thousand five hundred 
pounds ; and that if at any time hereafter the said mayor, 
aldermen and burgesses or their successors shall cease 
or neglect to provide and maintain such sufficient rooms 
and other accommodation for the Vice Warden, officers and 
suitors of the said Court, it shall be lawful for his said 
Royal Highness, his heirs and successors, to require such 



Statute 1 SfS Vict, c, 9G. 241 

repayment ; and that from and after such repayment by the 
said mayor, aldermen and burgesses, or their successors, the 
obligation to provide and maintain such rooms and accom- 
modation as aforesaid shall cease. 



Act 7 & 8 Vict. cap. 96. 

An Act to amend the Law of Insolvency, Bankruptcy, and 
Execution. [9th August, 1844]. 

LVn. And whereas it is expedient to limit the present 
power of arrest upon final process ; be it enacted. That 
from and after the passing of this Act no person shall be 
taken or charged in execution upon any judgment obtained 
in any of her Majesty's superior Courts, or in any County 
Court, Court of Requests, or other inferior Court, in any 
action for the recovery of any debt wherein the sum re- 
covered shall not exceed the sum of twenty pounds, exclu- 
sive of the costs recovered by such judgment, 

LIX. Provided always, and be it enacted. That if at any 
time it shall appear to the judge who shall try such cause, 
being either a judge of one of the superior Courts, or a 
barrister or attorney at law, that the defendant, in incurring 
the debt or liability which may be the subject of demand, 
has obtained credit from the plaintiff' under false pretences, 
or with a fraudulent intent, or has wilfully contracted such 
debt or liability without having at the same time a reason- 
able assurance of being able to pay or discharge the same, 
or shall have made or caused to be made any gift, delivery, 
or transfer of any personal property, or shall have removed 
or concealed the same, with an intent to defraud his cre- 
ditors or any of them, it shall be lawful for such judge, if 
he shall think fit, to order that such defendant may be taken 
and detained in execution upon such judgment in like 
manner and for such time as he might have been if this 
Act had not been passed, or for any time not exceeding six 
calendar months in any case in which the time for which a 
person taken in execution under process issuing out of any 
such Court could lawfully be detained in custody, according 
to the constitution of the said Court, before the passing of 



242 Appendix of Statutes, 

this Act, is less than six calendar months, whether, or* not, 
execution against the goods and chattels of such defendant 
shall have issued as hereinafter provided. 

LXIV. And be it enacted, That in case any bailiff* of anj 
such Court, who shall be employed to levy any execution 
against goods and chattels, shall, by wilful or notorious 
neglect or connivance or omission, lose the opportunity of 
levying any such execution, then, upon complaint of the 
party aggrieved by reason of such neglect, connivance, or 
omission, (and the fact alleged being proved to the satisfac- 
tion of the Court out of which execution issued, on the oath 
of any credible witness,) the judge shall order such bailiff* 
to pay such damages as it shdl appear that the plaintiff has 
sustained thereby, not exceeding in any case the sum of 
money for which the said execution issued ; and the bailiff 
shall be liable thereto ; and upon demand made thereof, and 
on his refusal so to pay and satisfy the same, it may be 
recovered against him by such ways and means as are pro- 
vided for the recovery of debts adjudged in the said Court. 

LXVII. And be it enacted. That no landlord of any 
tenement let at a weekly rent shall have any claim or lien 
upon any goods taken in execution under the process of 
any Court of law for more than four weeks arrears of rent ; 
and if such tenement shall be let for any other term less 
than a year the landlord shall not have any claim or lien 
on such goods for more than the arrears of rent accruing 
during four such terms or times of payment (a). 



(a ) The only parts of this Act reprinted here are those which appear 
to be applicable to the Vice Warden's Court. Other sectioDs 
of the Act can only apply to County Courts or other local Courts 
having officers called ** clerks" or to Courts created expressly for 
the recovery of small debts, of which the Vice Warden's Court is 

, not one. The application of section 64 is possibly open to question ; 

for the bailiffs of the Stannaries are appointed under the later Act 

- 11 & 12 Vict. c. 83., and expressly made subject to the provbions 

I of another Act. See ante, p. 237. 

' Whether any other parts of this Act are applicable to officers of 

j this Court is a question on which the suitors or their legal adviaen 

must exercise their own judgment. 



hHatnte 1 Sf % Vict, c, 105. 243 



Act 7 & 8 Vict. cap. 105. 

An Act to confirm and enfranchise the Estates of the Con- 
ventionary Tenants of the ancient Assessionahle Manors of 
the Duchy of Cornwall and to quiet Titles vnihin the County 
of Cornwall as agairist the Duchy ; and for other Pur- 
poses (a). [9th August, 1844.] 

LIII. And be it declared and enacted, That all mines 
and metallic minerals in and under all and singular the 
tenements now or at any time within one hundred years 
before the said first day of May one thousand eight hundred 
and forty-four held as conventionary tenements of the said 
manors mentioned in the said first schedule hereunto an- 
nexed respectively, and all mines, minerals, stone, substrata, 
and all other profits whatsoever in, upon, under, and of, all 
waste and other demesne lands of the same manors respec- 
tively, and all mines, minerals, stone, and substrata in, 
upon, under, and of all other lands lying within or parcel of 
the same manors respectively, and which said last mentioned 
mines, minerals, stones, or substrata shall by such award 
be determined to belong to the I>uke of Cornwall, do and 
shall belong absolutely to the Duke of Cornwall as posses- 
sions by the hereinbefore recited charter granted, and 
thereby annexed to the duchy of Cornwall as aforesaid, but 
without prejudice to the estates or rights (if any) of any of 
the present lessees of the Duke of Cornwall therein. 

LIY. And be it declared and enacted. That all mines 
and metallic minerals in, upon, under, and of all and sin- 
gular the tenements now, or at any time within one hundred 



(a) It has been thought desirable to reprint certain clauses of this 
Act by which the decision of certain matters arising, or which may 
arise, upon the award made under it, devolves upon the Vice Warden 
or the justices of the county of Cornwall. A few clauses imme- 
diately connected with the subject of this jurisdiction are also in- 
serted by way of explanation. The first schedule in the Act contains 
the names of the assessionahle manors oi the Duchy still untiold. 
The second contains the manors sold under the redemption of the 
Land-tax Act about sixty years ago, reserving the mines and minerals. 
M 2 



244« Appendix of Statutes, 

years before the said first day of May one thousand eight 
hundred and ibrty-four, held as conventionary tenements 
of any of the said manors mentioned in the said second 
schedule hereunto annexed respectively, and all mines and 
metallic minerals whatsoever in, upon, under, and of all lands 
lying within the same manors respectively, and which at 
the times of the aforesaid sales of such manors respectively 
were waste or demesne lands thereof respectively, and all 
mines and metallic minerals in, upon, and under all other 
lands lying within or parcel of the same manors respec- 
tively, and which said last mentioned mines and metallic 
minerals shall by such award be determined to belong to 
the Duke of Cornwall, do and shall belong absolutely to the 
Duke of Cornwall as possessions by the herembefore 
recited charter granted, and thereby annexed to the duchy 
of Cornwall as aforesaid, but without prejudice to the 
estates or rights (if any) of any of the present lessees of the 
Duke of Cornwall therein. 

LV. And be it declared and enacted. That it shall be 
lawful for the Duke of Cornwall, his agents and workmen, 
and his lessees and their agents and workmen, and all 
persons whom the Duke of Cornwall shall in that behalf 
authorize, and their agents and workmen, to enter into and 
upon all lands or tenements of any tenure situate or being 
within or held of any of the said manors mentioned in the 
said first and second schedules hereunto annexed, all or any 
the mines, minerals, stone, or substrata in, upon, under, or 
of which do or shall belong to the Duke of Cornwall as 
hereinbefore is declared and provided, and to search, dig 
for, open, and work the same mines, and get, carry away, 
and dispose of the same minerals, stone, or substrata, and 
to erect all such buildings, steam and other engines, and 
machinery and things, and sink and make all such pits, 
shafts, levels, adits, air-holes, tram and other roads, and 
other works, and to take from the said lands and tenements 
suflScient stone, lime, and slate for such buildings and other 
works, and take and use and divert all such water, and take 
and use all such room for ore and rubbish and other things, 
and do all such other acts and things upon, under, in, and 
about the aforesaid lands and tenements, as shall be neces- 
sary or convenient for working the same mines, and getting, 
washing, dressing, rendering merchantable, carrying away, 
and disposing of the same minerals, stone, or substrata, 
he the said Duke of Cornwall, or his lessees, or the persons 
authorized by him as aforesaid (as the case may be). 



.Statute 7^8 Vict. c. 105. 245 

making to the persons entitled to the surface of such l^ids 
or tenements, or to such water, adequate compensation for 
the damage which shall have been done or occasioned by 
the exercise of the rights, privileges, and easements afore- 
said, and making to the persons entitled to the same 
adequate compensation for the materials so taken as afore- 
said : Provided nevertheless, that no person shall be en- 
titled to claim any compensation for damage to be done by 
the exercise of any of the rights, privileges, or easements 
aforesaid, unless such claim be made in writing before the 
expiration of six calendar months after such damage shall 
have been done, or where the entry or other act by which 
such damage shall be done shall be of a continuing nature, 
then before the expiration of six calendar months from the 
time when such entry or other act shall determine or cease : 
Provided also, that a notice in writing, claiming compen- 
sation as aforesaid, given by or on behalf of the person 
entitled to receive the same to the Duke of Cornwall, or 
other person by whom such damage shall be done, or to 
any agent or workman who shall be employed by the Duke 
of Cornwall, or such other person, in the entry or other act 
by which such damage shall be done, shall be a sufficient 
claim for the purposes of this act. 

LVI. And be it enacted. That if any dispute shall arise 
between the Duke of Cornwall or his lessees, or any persons 
authorized by him to enter upon any lands or tenements 
as aforesaid, and any person claiming compensation for 
damage done to such lands or tenements, or to such water 
as aforesaid, by the exercise of any of the rights, privileges, 
or easements aforesaid, or claiming compensation for mate< 
rials so taken as aforesaid, either touching the matters in 
respect of which compensation ought to be made in pur- 
suance of this act, or the amount of such compensation, 
such dispute shall be decided either by two justices of the 
peace for the county of Cornwall, or (at the option of the 
person from whom such compensation is claimed) by the 
Vice Warden of the Stannaries of Cornwall, upon the 
petition of any or either of the parties so disputing or other- 
wise; audit shall be lawful for the said justices or Vice 
Warden, at the expence of the parties disputing, or any or 
either of them, in their or his discretion, to require the 
aid, and take the opinion or advice of any surveyor^ mining 
agent, or other person, and to adopt such other measures, 
and give such directions, as shall appear to the said justices 
or vice Warden expedient for enabling them or him to 



246 Appendix of Statutes. . 

determine concerning the matters in dispnte as aforesaid : 
Provided always nevertheless, that no application, except 
by consent, shall be made to the said justices or to the said 
Vice Warden to award compensation for damage done 
npon any entry, under the authority of this Act, for the 
purpose of searching for or working mines and minerals, 
until the end of twelve calendar months next after such 
entry, unless such search or working shall have been sooner 
abandoned or discontinued, or unless the persons entitled 
t^ such compensation shall prove, to the satisfaction of 
the said justices or of the said Vice Warden, that the amount 
of compensation for damage theretofore done is larger 
I than the sum or sums of money theretofore deposited or 

I secured as a security for such compensation as hereinailer 

j provided. 

J LVII. And be it enacted, That for the purposes of this 

I act the person entitled to claim and receive and agree upon 

I the amount of all compensation for damage done to such 

t lands or tenements or water as aforesaid, shall be the 

5 person for the time being in possession, or in the receipt of 

• the rents and profits of the lands or tenements or water in 

I or to which such damage shall be done ; and all such com- 

I pensation shall be received and held by such person for the 

I benefit of himself and of the other person (if any) havings 

any estates or interests in the said lands or tenements or 
I water, according to their respective estates and interests 

[ therein ; and the receipt of such person shall be a sufficient 

[ discharge for the compensation aforesaid, and shall exone- 

] rate the person paying the same from being bound to see to 

the title of the person receiving the same, or to the applica- 
tion thereof: Provided always nevertheless, that where the 
lands or tenements or water to which damage shall be done 
[ as aforesaid shall be in the possession of any lessee or occu- 

'■ pier at rack rent, or of any lessee or occupier not having a 

^ greater estate or interest therein than a term of twenty-one 

years, such lessee or occupier shall not be deemed to be the 
person in possession of such lands or tenements or water, 
for the purpose of receiving all compensation as aforesaid, 
but shall be entitled to claim and receive compensation for 
> the damage done to his interest in such lands or tenements 

, for water, separately from the compensation to be paid as 

I hereinbefore is provided to the person for the time being in 

the receipt of the rents and profits of the same lands and 
tenements or water ; and the person who shall be in receipt 
of such rack rent or the other rent payable by such lessee 



Statute 7^8 Vict, c, 105. 247 

or occupier, or (if there be no rent, then) the person enti- 
tled to such lands and tenements in reversion or remainder 
immediately expectant on the determination of the term or 
interest of such lessee or occupier, shall be deemed the 
person for the time being in possession or in receipt of the 
rents and profits for the purposes of this act. 

LVin. Provided always nevertheless, and be it enacted, 
That every person receiving any such compensation as 
aforesaid, who may not be entitled to an absolute and un- 
qualified estate of inheritance in fee simple or fee tail, or 
be enabled to appoint or dispose of an absolute or unquali- 
fied estate of inheritance in fee simple in the lands or tene- 
ments or water in respect of which such compensation may 
have become payable shall, as between himself and the 
other persons having estates or interests in the same lands 
or tenements or water, have and be entitled only to such 
estate or interest in the same compensation as will corres- 
pond with his estate or interest in the same lands or tene- 
ments or water ; and the rights, estates, and interests of all 
or any of the persons interested in such compensation shall 
and may be established at the suit of all or any of such 
persons in the Court of the Vice Warden of the Stannaries 
of Cornwall, or in any other Court of equity : Provided 
always nevertheless, that if in any case the amount of such 
compensation shall not exceed m the whole the sum of 
twenty pounds, the same shall be retained wholly for his 
own benefit by the person entitled to receive the same 
aforesaid, although he may have only a limited or qualified 
estate or interest in the lands or tenements or water in 
respect of which such compensation may have become pay- 
able ; but no person having such limited or qualified interest 
shall, under any circumstances, be entitled so to retain any 
compensation, if the sums paid for such compensation shall 
exceed in the whole the sum of twenty pounds. 

LIX. Provided always nevertheless, and be it enacted. 
That when the person for the time being in possession or in 
the recaipt of the rents and profits of the lands and tene- 
ments or water to which damage shall be done as aforesaid 
shall be a married woman, or an infant, or a lunatic or 
idiot, or shall be under any other disability, or shall be 
unknown or uncertain, or where notice shall be given in 
writing by or on behalf of any person claiming any estate 
or interest in such lands or tenements or water to the 
person liable to pay any money for compensation for 
damages done to such lands or tenements or water, re- 



248 Appendix oj Statutes. 

quiring that such money be not paid to the person in 
possession or in the receipt of the rents and profits of the 
same lands or tenements or water, then and in any of such 
cases, or in any other case in which the same shall seem 
1 expedient, it shall be lawful for the person liable to pay 

i! such compensation to pay the same into the hands of the 

j. Registrar of the Court of the Vice Warden of the Stan- 

•1 naries, for the benefit of the persons interested therein, 

jjl according to their several estates and interests, as the said 

,j Vice Warden shall direct; and the receipt of the said 

ij Registrar shall be a sufficient discharge for the compensa- 

tion aforesaid, and shall exonerate the person paying the 
same from being bound to see to the application thereof; 
ijji and the rights, estates, and interests of all or any the 

•! persons interested in such compensation shall be determined 

} by the said Vice Warden upon the application of such 

j, persons, or any of them, by petition or otherwise. 

J LX. And be it enacted, That before the Duke of Corn- 

\ wall, or any lessee of the Duke of Cornwall, or any other 

i person, shall, under the authority of this act, enter upon 

any lands or tenements (other than waste lands), to search, 
,:. dig for, open, work, or get any mines or minerals, he shall 

1" give one calendar month's previous nodce in writing of 

'*\ such intended entry to the occupier of the surface of such 

■; lands or tenements, or (if such occupier, or the place of 

I; abode of such occupier, be unknown or uncertam) affix 

f such notice in or upon some conspicuous part of such lands 

F, or tenements ; and such notice shall specify and describe 

] the lands and tenements upon which such entry is intended 

to be made, and shall state the name and place of abode of 
,:: the lessee or other person by whom or on whose behalf such 

entry is intended to be inade. 

LaI. And be it enacted. That every lessee or other 
person (other than the Duke of Cornwall) who shall intend 
; under the authority of this act to enter upon any lands or 

I tenements (other than waste lands), to search, dig for, open, 

: ■ work, or get any mines or minerals, shall before making such 

;■ entry, if required so to do by any person interested m the 

J surface of such lands or tenements, deposit the sum of 

i twenty pounds, or any larger sum which the lessee or person 

r so entering shall think fit, with the Registrar of the Court of 

'*■ the Vice Warden of the Stannaries of Cornwall, or give to 

^ such Registrar a joint and several bond, under the hands 

;; and seals of such lessee or other person, and of one or two 

sufficient sureties, (such surety or sureties, in case of dis- 



Statute 1 SfS Vict. c. 105. 249 

pute, to be approved of by the said Registrar, or by any 
two justices of the peace for the county of Cornwall,) con- 
ditioned for securino: the payment to such Registrar, or to 
the Registrar for the time being of the said county, on 
demand by him, of the sum of twenty pounds, or any larger 
sum which the said lessee or other person making such entry 
shall think fit ; and the sum so to be deposited or secured 
by such bond, as the case n^ be, shall be held by the said 
Registrar as a security for the payment of the compensation 
to become payable for the damage to be caused by such 
entry as aforesaid, and of the costs to be incurred in any 
proceeding for determining the amount of such compensa- 
tion, or otherwise in relation thereto ; and such deposit, or 
the money to be recovered upon such bond, shall be paid 
and applied by such Registrar accordingly, either upon 
satisfactory proof being made to him of the same having 
become payable, and of the person entitled under the pro- 
visions of this Act to receive the same, or any part thereof, 
or according to the direction of the said Vice Warden ; and 
if in the prosecution of such search the amount of damage 
(to be decided as hereinbefore is provided), and of such 
costs, if any, shall be equal to or exceed the sum so deposited 
or secured as aforesaid, then and in such case, and so often 
as the same shall happen, it shall be lawful for the said Vice 
Warden and he is hereby required, upon the application of 
any person interested in such lands or tenements, to issue 
his injunction to stop the further prosecution of such search 
until the amount of such previous damage, and such costs 
(if any), shall have been paid by the person liable to pay the 
same, or until a further deposit of not less than twenty 
pounds, or a further bond for not less than twenty pounds, 
and with one or two sureties to be approved of as aforesaid, 
shall have been made with or given to the said Registrar as 
a security for the payment of the compensation to become 
payable for the further damage to be caused by such search 
as aforesaid, and to be paid and applied by such Registrar 
as hereinbefore is provided. 

LXII. And be it enacted. That upon the determination 
of the possession upon such entry as aforesaid, and after 
compensation shall have been made for all damage done, or 
during the continuance of such possession, if compensation 
shall have been made for all damage theretofore done, and 
the mines shall either be in due and regular course of work- 
ing, or shall have ceased to be worked, any monies which 
may remain in the hands of the said Registrar out of the 
M 3 



250 Appendix of Statutes, 

deposit or deposits which may have been made with him as 
aforesaid, or out of any monies which may be recovered 
upon any such bond as aforesaid, shall be repaid by him to 
the person by whom the same shall have been deposited or 

ipai<J, or his lawful representatives ; and any bond which 
may have been given to the said Bej2:istrar as a secaritj as 
aforesaid, and which shall remain in fbrce, shall be given np 
J by him to the obligors, or anynf the obligors thereof, to be 

/ cancelled ; and if any difierellce shall arise between the 

\ parties whether the possession upon any such entry as afore* 

I said has determined, or whether compensation has been 

1 made for all damage done, or whether any mines shall be in 

\t due and regular course of working or shall have ceased to 

« be worked, the same shall be determined by the Vice War- 

j! den of the Stannaries of Cornwall, upon the application of 

}. any of the parties bjr petition or otherwise, 

r LXIII. And be it enacted, That when any Registrar 

J shall resign or be removed from his office, or die, he, his 

executors or administrators, shall pay over all monies, if 
any, which shall for the time being be in their or his hands 
on account of such deposits or bonds as aforesaid to the 
' succeeding Registrar ; and all bonds which shall be given 

I to any Registrar in obedience to the provision hereinbefore 

\\ contained may be sued upon by the Registrar for the time 

y being' in his own name, as if the same had been given to 

him ; and the Registrar for the time being shall hold all 
such monies and bonds for the intents and purposes herein- 
before mentioned. 
^.; LXIV. And be it enacted, That the Vice Warden of the 

Stannaries of Cornwall, with the approbation of the Lord 
, ; Chancellor or Keeper of the Great Seal of England for the 

time being, shall from time to time make and give such 
r' orders and directions for the custody, investment, payment, 

]! and application of the monies which shall come to the hands 

of the Registrar of the said Court, under any of the provi- 
sions of this Act or otherwise, or which now are in the hands 
. I of the said Registrar, as to the said Vic^ Warden, with such 

.' approbation as af(H'esaid, shall seem meet; and that the 

[_, costs of all applications, suits, or proceedings under or by 

\\ virtue of this Act shall be in the discretion of the said Vice 

!t' Warden, and shall, if he shall so think fit, be taxed by the 

Registrar of his said Court, and shall be paid by such person 
I, or out of such fund, and to such person and in such manner, 

as the said Vice Warden shall direct. 
LXV. And be it enacted, That every person who shall 



Statute 7^8 Vict c. 105. 251 

become entitled, either by jigi'eement or voluntary arbitra- 
tion, or by the decision of the said justices or Vice Warden, 
as is hereinbefore provided, to any compensation for damage 
done to the surface of any lands or tenements or water, 
under the authority of this Act, or to any costs as aforesaid, 
and who shall not receive the same from the Registrar afore- 
said, out of the monies hereinbefore directed to be deposited 
or secured for that purpose^ or otherwise, may recover such 
compensation or costs from the person liable to pay the same 
by action in any of her Majesty's Courts at Westminster, or 
in the Court of the Vice Warden of the Stannaries of Corn- 
wall ; and every person who shall so become entitled to any 
compensation or costs as aforesaid shall also, in respect 
thereof, be deemed to be a mining creditor, in respect of 
the mines in the searching for or working whereof such 
damage shall have been done, and shall have the same rights 
of lien or hypothecation upon the buildings, machinery, 
plant, and materials belonging to such mines, and the same 
remedies, upon petition or otherwise, by injunction, sale, and 
otherwise, in the Court of the Vice Warden of the Stannaries 
of Cornwall, upon and in respect of the buildings, machinery, 
plant, and materials belonging to such mines, and the ores got- 
ten therefrom, as any other mining creditor has or may have : 
Provided nevertheless, that no person shall be entitled tp bring 
any action or suit, or take any proceeding for the recovery of 
or obtaining any compensation for damage to be done under 
the authority of this Act, or for any costs other than such 
compensation or costs as shall be agreed upon between the 
parties or shall be ordered by the said Vice Warden. 

LXVI. And be it enacted. That any compensation to 
become payable under this Act, whether by agreement or 
otherwise, may, by the a<jreement of the parties, or at the 
discretion of the said justices or Vice Warden respectively, 
be made by the payment of an annual or other periodical 
sum, to continue payable during the continuance of the pos- 
session under sucn entry as aforesaid, or for any less period, 
and to be determinable either upon the restoration of the 
land entered upon to a state fit for cultivation, or at any 
earlier period, and may be made to cover and include as 
well past as continuing damage. 

LXVII. And be it enacted and declared, That the Duke 
of Cornwall shall not be liable to the payment of compensa- 
tion for damage to be done by any lessee or other person in 
or about any such searching or working for mines or mine- 
rals imder the authority of this Act as aforesaid. 



252 Appendix of Statutes, 

LX V 1 1 1. Provided always nevertheless, and be it enacted, 
That the provisions hereinbefore contained with respect to 
the Duke of Cornwall and his lessees, and other persons 
authorized by him, making compensation for the damage 
(lone to the surface of lands and tenements, shall not appy 
to any lands or tenements which by the said award shall be 
determined to be waste or demesne lands of the manors 
mentioned in the said first schedule hereunto annexed 
respectively, or to any lands or tenements which at the res- 
pective dates of the conveyances of the manors mentioned 
in the said second schedule hereunto annexed were waste 
or dcmertiie lands of the same manors respectively 

LXIX. And be it enacted, Thut (subject and without 
prejudice to the liens, rights, and remedies hereinbefore 
given to the persons who may become entitled to compen- 
sation for damage as aforesaid) it shall be lawful for the 
Duke of Cornwall and his lessees, and ether the p»ersons 
authorized by him as aforesaid, and his and their agents 
and workmen, either to pull down, remove, and take away 
or fill up all buildings, steam and other engines, machinery, 
and things, pits, mines, dams, sluices, and works which may 
be erected or fixed or opened or worked upon any lands 
and tenements in pursuance of the provisions hereinbefore 
contained, and which shall be no longer used for the pur- 
I>oses aforesaid, or to allow the same to remain for any time 
which the Duke of Cornwall or his lessees, or other the 
persons authorized by him, shall think fit, after the same 
shall have ceased to be used for the purposes aforesaid ; 
and no buildings, mines, pits, works, or other things shall, 
by non-user or otherwise, be deemed to be abandoned, so 
as to vest any right or title therein in the owner of the 
land, or to give any fresh right of compensation, on the 
same being resumed or again entered upon and used. 

LXX. Provided also, and be it enacted. That nothing in 
this Act contained shall authorize or empower the Duke of 
Cornwall, or any lessee or other person claiming under him, 
to erect any building, or steam or other engine, machinery, 
or thing, or sink or make any pit, shaft, air-hole, tram or 
other road, or lay any ore, rubbish, or other thing, or to 
enter into or upon the surface of any land which 3ie said 
commissioners by their award shall certify to have been on 
the first day of May one thousand eight hundred and forty - 
four appropriated as a garden, park, or pleasure ground, or 
as a dwelling house, or a yard or curtilage to any dwelling 
house (and which they are hereby authorized and required 




Statute 7^8 Vict, c, 110. 253 

in and by such award to certify accordingly), and which 
shall afterwards continue to be so appropriated, or in or 
upon any land which may at any time hereafter at the time 
of entry be actually and bond fide appropriated and used as 
a dwelling house, or as a yard, curtilage, or garden attached 
to a dwelling house, so long as the same shall continue to 
be so appropriated and used, and so as no such yard, curti- 
lage, or garden shall extend more than fifty feet from such 
dwelling house. 



Act 7 & 8 Vict. cap. 110. 

An Act for the Registration^ Incorporation and Regulation of 
Joint Stock Companies, [5th September, 1844]. 

LXIII. Nothing in this Act contained shall extend or 
be construed to extend to any partnership formed for the 
working of mines, minerals, and quarries, of what nature 
soever, on the principle commonly called the cost book 
principle (a). 



(a) In this Act the only mention of mining partnerships occurs in 
the proviso above reprinted, which was inserted at the instance of 
tho!»e who were interested in mines within the Stannaries of Cornwall 
and Devon. As it does not expressly refer to that district, it has been 
since considered to extend to all mines wheresoever situate, in 
which the adventurers profess to adopt what they call the " Cost 
Book principle" or ** system.'* This and the statute 12 6l 13 Vict, 
c. 108., have been partly reprinted here, and at p. 268, post, because 
they have an important bearing on the 22nd section of the last Act, 
18 Vict. c. 32. A noncompliance with an order made under that 
section may deprive a company of any benefit it may derive from 
the above exemption, or from the special provisions of the Act 
12 6t 13 Vict. c. 108. s. 1. 



254 Appendix of Statutes. 



Act 11 & 12 Vict. cap. 83. 

An Act to confirm the Awards of the Asseseionable JHfoMort 
Commissioners^ and for other Purposes relating to ike 
Duchies of Cornwall and Lancaster. 

[31st August, 1848.] 

VII. And whereas by an Act passed in the session of 
Parliament holden in the sixth and seventh jears of the 
reign of his late Majesty Kin^^ William the Fourth, intituled 
An Act to make provision for the better and more expediiioms 
AdminiHtration of justice in the Stannaries of Cornwall, and 
for enlarging the jurisdiction and improving the practice and 
proceedings in the Court of the said Stannaries^ provision is 
made for the trial of causes pending in the same Court hj 
a jury of twelve persons : And whereas actions prosecuted 
in the said Court for the recovery of small debts are regu- 
lated by special rules of practice difiering from the rules 
applicable to other actions on the common law side of the 
Court, and the matters in issue between the parties to such 
actions may be well and conveniently tried by a less number 
of jurors ; be it therefore enacted, That in all such actions 
commenced after the passinjr of this Act for the recovery of 
such small debts the number of jurors inipannelled and 
sworn to try any issue shall be* five only, and not twelve, 
and the jurors so sworn shall be required to give an unani- 
mous verdict : Provided always, that no debt or demand 
shall be deemed to be a small debt within the intent and 
meaning of this enactment which shall exceed the sum of 
twenty pounds or such other sum as shall hereafter be 
determined by any Act of Parliament to be a small debt 
within the jurisdiction of the County Courts established by 
an Act passed in the session of parliament holden in the 
ninth and tenth years of the reign of her present Majesty, 
intituled An Act for the more easy recovery of small debts 
and demands in England (a). 



(a) This proviiiion was occasioned by the establishment of the 
new County Courta in )846. The rules made by the Vice Warden 
in 1836 first ebtabiished a form of procedure in the case of 



Statute 11 Sf 12 Vict, c, 83. 255 

VIII. And whereas it will not be necessary hereafter to 
summon so large a number of persons to attend and serve as 
jurors at the sittings of the said Court ; be it enacted, That 
the Registrar of the said Court shall in future cause thirty- 
six persons named in the jurors book to be so summoned, and 
no more : Provided always, that, save and except as afore- 
said, nothing herein contained shall be taken to alter the 
practice of the Court, but all and every the powers, provi- 
sions, and authorities contained in the last recited act touch- 
ing jury process and proceedings on trials by jury shall 
remain m full force, ana be applicable and applied as well to 
trials by a jury of five as by a jury of twelve persons. 

IX. And whereas no adequate provisions now exist for 
the due appointment of bailitf's of the said Court (a) ; be it 
enacted, That it shall and may be lawful for the Vice War- 
den for the time being to appoint from time to time a com- 
petent number of fit and responsible persons to be bailiffs of 
the said Court for the service and execution of all process 
on the common law side thereof and process of attachment 
in equity, who shall give such s^urity for the due per- 
formance of their duties as shall appear to the Vice Warden 
sufficient in that behalf, and shall hold their offices during 
his pleasure, and be entitled to demand and receive all lawful 
fees due to them in virtue of their office of bailiff; and all 
the powers, provisions and enactments of an act passed in 

debts not exceeding 10/., differing from that of other common law 
cases ; before that year no such difference existed in the Stannary 
Courts, and the statute 6 & 7 Wm. 4. c. 106. rendered a jury of 
twelve persons necessary in both cases. The number of small debt 
causes was very considerable, until the greater simplicity and 
economy of suits in the County Courts presented advantages to the 
suitor, which the miner could not obtain in his own Court. It was 
therefore considered desirable to disencumber the Court of some part 
of its apparatus by reducing the number of jurors ; and this could 
only be done by statute. 

(a) There existed, ah antique, bailiffs attendant on each Stan- 
nary for service and execution of process ; but the nature of their 
tenure and appointment confined their service to Courts extinguished, 
or essentially altered, by the act 6 & 7 Wm. 4. c. 106., and they 
were no longer available for the Court newly organized by that act. 
The duties of these bailiffs are adverted to in the report of Vice v. 
Thomas, Appendix pp. 46, 97, 100. (Ed. 1843.) 



256 Appendix of Statutes. 

the session of Parliament holden in the seventh and eighth 
years of the reiom of her present Majesty, intituled An Act 
for Regulating the Bailiffs of Inferior Courts (a), so far as 
the same touches and concerns the publication of lists of the 
names and abodes of such bailiffs, and of the fees allowed 
to them by law, the penalties for taking undue fees, the 
remedies against bailiffs for extortion, misconduct, or not 
duly paying or accounting for money levied, and the penalty 
for assaulting bailiffs in the execution of their duty, or 
rescuing persons or goods taken or levied under process, 
shall be held and taken to apply and extend to the Court of 
the Vice Warden of the Stannaries, and to the bailiffs ap- 
pointed under the authority of this act ; and all constables 
and peace officers shall, when required thereto, be aiding and 
assisting in the execution of process by the said bailiffs within 
their several jurisdictions : Provided always, that nothing 
herein contained shall be construed to restrain the Vice 
Warden from making from time to time such rules and 
orders touching the office, duty and fees of bailiffs as are not 
repugnant to this or any other Act of Parliament. 

A. And because the provisions of divers Acts of Parlia- 
ment of late made and passed for the relief of sheriffs and 
other officers against adverse claims do not extend to the 
Court of the Vice Warden of the Stannaries, by reason 
whereof the bailiffs of the said Court will be exposed to 
greater hazard and expense than similar officers in other 
Courts, be it therefore enacted. That all the powers, provi- 
sions and enactments of an act passed in the session of Par- 
liament holden in the first and second years of the reign of 
his late Majesty King William the Fourth, intituled An Act 
to enable Courts of Law to give Relief against adverse 
Claims made upon Persons having no Interest on the Sub/ect 
of such Claims, so far as the same touches and concerns the 
relief and protection of sheriffs and other officers in the exe- 
cution of process against goods and chattels, and the entering 
of record the proceedings taken under that act, and the 
force and effect of rules and orders so entered, and the 
issuing of execution for taxed costs, and the fees for exe- 
cuting the same, shall be held and taken to apply and extend 
to the Court of the said Vice Warden and to the bailiffs of 
the said Court so appointed as aforesaid ; and it shall be 



(a) Extracts from this act will be found, ante, p. 237. 



Statute 11 Sf 12 Vict. c. 83. 257 

lawful for the Vice Warden, or for the registrar of the said 
Court, whether the Court be sitting or not, to make rules 
and orders and to exercise the powers and authorities con- 
tained in the said act for the relief and protection of such 
bailiffs, and, with the consent of the execution creditor and 
adverse claimant in any case, their attornies or agents, to 
dispose of such claims on the merits, and determine the same 
in a summary manner (a). 

XI. And whereas by the before recited act passed at the 
session of Parliament holden in the sixth and seventh years 
of the reign of his late Majesty King William the Fourth the 
Vice Warden is authorized to appoint a fit and proper per- 
son to act as prqthonotary or assistant Registrar in the said 
Court, with the yearly salary of two hundred pounds, and 
it is expedient that a new arrangement should be made with 
respect to the future discharge of the duties of such office ; 
be it enacted. That when and so soon as the said office shall 
become vacant by death, resignation or otherwise, it shall 
and may be lawful for the Vice Warden for the time being 
to appoint by writing under the seal of his Court two fit and 
proper persons, who shall hold their offices at the will of the 
Vice Warden, to be clerks of the said Court, and as such 
clerks to do and execute, under the direction of the Vice 
Warden and in aid of the Registrar, all duties now per^ 
formed by the said prothonotary or assistant registrar, 
at and for the several yearly salaries of one hundred and 
twenty pounds and eighty pounds respectively, such 
salaries to be payable and paid at the times and in the 
manner and out of the funds provided in and by the last 
mentioned Act for the payment of the salary of the protho- 
notary or assistant Registrar. 

XII. And for the better protection of the officers of the 
Vice Warden's Court in the performance of their duties, be 
it enacted. That all actions brought in the superior or other 
Courts against a judge, registrar, bailiff, or other officer of 
the Court of the Vice Warden of the Stannaries, or against 
others acting in aid of them, for anything done in execution 
of the process or by the authority of the said Court, shall 
be commenced within three calendar months next after the 



(a ) The portions of the Interpleader Act referred to in this section 
are sects. 1, 2, 3, 6 and 7. By sect. 13 of the Act 18 Vict. c. 32. 
actions brought against the officers, or the plaintiffs in the original 
suit, may be stayed. See po«t, p. 260. 



258 Appendix of Statute*. 

committing of the act or grievance complained of, nid aA 
afterwards ; and it shall be competent for the defendant ii 
any such action t«) justify, if need be, b^ alleging genenDf 
in his pica or avowry that the act or matter complained il 
was done in execution of the process or b^ the authoritf if 
the Court of the Vice Warden of the Stannaries (a) rf 
Cornwall, without further setting forth the authority rf(^ 
process of the said Court ; and the plaintiff shall be ps- 
mittod to reply thereto generally, that the same wis aoM 
by the defendant of his own wrong and without the came 
alleged by him ; and u]x>n issue joined thereupon all the 
matters and facts relie<l upon by the one party or the other 
shall be admitted in evidence. 

XIII. And be it enacted and declared, That all personil 
property, goods, chattels, and eifects whatsoeyer, provided 
or to be provided for the use of the said Court, or for the 
use of the Vice Warden for the time being, or other officer 
of the said Court, shall vest in his Royal Highness the 
Duke of Cornwall in right of his duchy (c3. 



Act 12 & 13 Vict. cap. 108. 

An Act to amend the Joint Stock Companies WnuHftg^vp 
Act, 1848. [1st August, 184^. 

Whereas it is expedient to amend as after mentioned the 
Joint Stock Companies Winding-up Act, 1848 : Be it 
enacted by the Queen's most excellent Majesty, by and 
with the advice and consent of the lords spiritual and tem- 
poral, and commons, in this present Parliament assembled, 
and by the authority of the same, That, notwithstanding 
anything in the said Act contained importing a more 
limited application thereof, the same shall apply to all part- 
nerships, associations, and companies whereof the partners 
or associates are not less than seven in number, whether 
incorporated or unincorporated, and whether formed or 

(a) Perhaps this should now be read " StaDnaries," without adding 
** of Cornwall.*' 

(6) " Of should be " or," ut semble? 

(/*) This clause applies particularly to the furniture, books, and 
moveables of the office and library, &c. 



Statute 12 Sf 13 Vict. c. 108. 269 

subsisting before or after the passing of the said Act or this 
Act, other than and except railway companies incorporated 
by act of Parliament, to which companies such Act shall 
not apply : Provided always, that upon the hearing of any 
petition for the dissolution of any such partnership, associa- 
tion, or company, the Court shall, in considering the neces- 
sity or expediency of any such dissolution, or the terms or 
special directions subject to which it maj think fit to allow 
such dissolution, have regard to any articles of partnership 
or other contract which shall be subsisting between the 
members of such partnership, association, or company : 
Provided nevertheless, that nothing herein contained shall 
affect the jurisdiction of the Court of Stannaries in Corn- 
wall ; and that nothing in this Act nor in any Act herein 
referred to contained shall extend or be construed to extend 
to any partnership, association or company formed for the 
working of mines on the principle commonly called the 
Cost Book principle within the said Stannaries and juris- 
diction of the said Court, unless the owner or owners of 
one tenth in value of the shares in any such mine, as shall 
appear on the Cost Book, shall present a petition to the 
Lord Chancellor or to the Master of the Rolls for the 
dissolution and winding up, or for the winding up, of the 
affairs of such company, which petition, and the parties 
thereto, and all proceedings thereupon, shall be subject to 
the provisions of this Act and the Acts herein referred to ; 
and that on such petition being so presented, and notice 
thereof being given to the Vice Warden by the party 
petitioning, the Court of the said Vice Warden, and the 
Registrar and officers thereof, shall cease from entertaining 
and dealing with any cause touching such mine, except so 
far as may be allowed and directed by order of the Court 
of Chancery, in regard to any cause then or to be thereafter 
brought in the Court of the said Vice Warden, or in regard 
to any proceeding to be taken in furtherance of the said 
petition and the purposes of this Act and the Acts herein 
referred to ; and that the said Vice Warden and Registrar, 
in taking such proceedings, shall have all the powers which 
any district commissioner of the Court of Bankruptcy now 
has in any matter which by virtue of this Act and the Acts 
herein referred to may be brought before him (a). 

(a) Section 20 of the same Act makes the Vice Warden and 
Registrar commissioners for taking evidence and examinations under 
it. I'his provision has never been acted upon and seems unim- 
portant. 



260 Appendix of Statutes. 



Act 18 & 19 Vict. cap. 32. (a). 

An Act to amend and extend the Jurisdiction of the Stammnf 
Court. [15tb June, 1855]. 

Whereas it is desirable to explain and amend the Acts 
heretofore passed for the administration of justice in the 
Stannaries, and to make the jurisdiction and process of the 
(^ourt of the Vice Warden more efficient, and to r^alate 
appeals from the Vice Warden : Be it enacted by the 
Queen's most excellent Majesty, by and with the advice 
and consent of the lords spiritual and temporal, and 
commons, in this present Parliament assembled, and bj the 
authority of the same, as follows : 

I. Where any mine or sett within the Stannaries shall he 
worked by the same adventurers not only for metallic 
minerals within the jurisdiction of the Court, but also for 
non-metallic minerals found in the same mine or sett, or 
intermixed with metallic minerals, the entire mine and 
works and products thereof shall be taken to be within the 
cognizance of the Vice Warden as if the same bad wholly 
consisted of metallic minerals, and the process of the Court 
shall extend to and be exercised over the same and all the 
machinery and materials thereon, as in the case of mines of 
metallic minerals ; and the mineral called plumbago or black 
lead is hereby declared to be a metallic mineral. 

II. The words " mine" and " mineral" and " miner," 
when used in this Act, or in any pleadings, process, or pro- 
ceedings in the said Court, shall, unless otherwise explained 
or qualified, be respectively presumed and taken to mean a 
metallic mine or mineral within the jurisdiction of the said 
Court, and a miner in some mine, work, or adventure within 
the same jurisdiction, and having privilege to sue or be 
sued in the said Court; and the words *' County Court'* 
shall in this Act mean any Court established under the 
provisions of the Act passed in the session of Parliament 

(a) This Act is strictly an Act passed in the 18th Victoria, and is 
so cited in all the foregoing rules and orders of the Court; but in 
the volume of statutes, published annually, it is printed, as usual, as 
of the two years over which the session extended. 



Statute 18 Sf 19 Vict. c. 32. 261 

holden in the ninth and tenth years of the reign of her 
present Majesty, chapter ninety-five, and also the Court 
held under the provisions of *' The London (City) Small 
Debts Extension Act, 1852." 

III. In suits on the equity side of the Court of the Vice 
Warden, prosecuted according to custom by the purser or 
other principal agent of the adventurers in a mine in the 
Stannaries against an adventurer or his personal represent- 
atives for contribution to calls or to the expenses of working 
such mine or adventure, it shall be lawful for the Vice 
Warden, upon special application in that behalf, to order 
that service of process on the defendant in any part of 
England or Wales to compel appearance and answer shall 
be sufficient service, although he may not then be personally 
within the jurisdiction of the said Court ; and upon proof 
of such service and the default of the defendant to appear 
and answer the petition within the time prefixed by the 
summons, it shall be lawful for the plaintiff to enter an 
appearance for the defendant, and thereupon such proceed- 
ings shall be had in the suit, and such orders and decree 
made, as if the process had been duly served on the defend- 
ant within the jurisdiction of the Court ; and if upon sale 
of the shares or interest of the defendant in the mine or 
adventure according to custom the proceeds of the sale 
shall be insufficient to satisfy the debt of the defendant, 
costs of suit, and expenses of sale, it shall be lawful to levy 
the same or the residue thereof in the manner hereinafter 
provided for enforcing decrees and orders on the equity 
side of the Court ; and after appearance so entered, all 
notices, orders, summonses, warrants, and other process in 
the suit shall be deemed to be well served if served on the 
defendant wheresoever he shall then be in England or 
Wales. 

IV. In all such suits against adventurers for contribu- 
tion, it shall be lawful for the. plaintiff to join several 
adventurers in one petition for recovery of their several 
contributions, and for the Court to make one decree for 
payment and one order for sale of shares, and to enforce 
payment by separate process of execution against each 
defendant, if need be ; and where the defendants or any of 
them shall put in separate answers, it shall be lawful for 
the Court to direct that all or any of the matters in issue 
be heard and tried at the same time; provided that nothing 
herein contained shall be construed to abridge or affect the 
right of the plaintiff in such a suit, as now exercised, to 



262 Appendix of Statutes. 

proceed ogainnt adventurers residing or being oat of tbe 
jurisdiction of the Court upon a service on the mine itadt 
substituted bv order of the Vice Warden for penaid 
service ; but in such case the plaintiff shaU not be entitled 
to any other or further remedy for recovery of the anwB 
of contribution in the Vice Warden^s Court from a defend- 
ant so served than he had before the i>a88ing of this Act 

V. In suits on the equity side of the said Court *hj cre- 
ditors prosecuted according to -custom against the purser 
or other principal agent of the adventurers, or against one 
or more of the adventurers in a mine iu the Stannarieei 
to enforce payment of their demands by sale of the oraii 
machinery, materials, and effects for the time bdag 
belonging to the adventurers, and being upon or about the 
mine or fraudulently removed therefrom, it shall be lawftil 
for the Vice Warden, upon special application in thrt 
behalf, to order that service of process on the defendant in 
any part of England or Wales to compel appearance and 
answer shall be sufficient service, although he may not then 
be personally within the jurisdiction of the said Court; 
and upon proof of such service and of the default of the 
defendant to appear and answer the petition within the 
time prefixed by the Court, it shall be lawful for the 
plaintiff to enter an appearance for the defendant, and 
thereupon such proceedings shall be had in the suit-, and 
such decrees and orders made, as if the process had been 
duly served on the defendant within the jurisdiction of the 
said Court ; and any adventurer shall, upon application to 
the Vice Warden or Registrar, be let in to defend the suit, 
either separately or jointly with the other defendant, 
within twenty days after the filing of the petition, or within 
such other time as the Vice Warden shall allow ; and where 
several creditors of the same adventurers shall sue 
separately for payment and sale the Vice Warden shall 
have power to consolidate the suits in such way as shall 
seem to him necessary or expedient for the convenient trial 
of the matters in issue in the said causes and for the saving 
of expense to the suitors ; and all further notices, orders, 
summonses, warrants, and other process in the cause or 
consolidated causes shall be deemed to be well served if 
served on the defendant in any part of England or Wales ; 
and if upon sale of the ores, machinery, materials, and 
effects in any such suit the proceeds of the sale shall be 
found insufficient to satisfy the debts of the plaintiff or 
plaintiffs and of the other creditors who ffhall be admitted 



Statute 18 Sf 19 Vict, c, 32. 263 

according to custom to prove their debts before the Registrar 
of the Court and the costs of suit and expenses of sale, it . 
shall be lawful for the Registrar, at the instance of the 
plaintiff in the suit or of any creditor so admitted to proof, 
and by permission of the Vice Warden on an application by 
the plaintiff or creditor stating the amount of debts 
remaining unsatisfied and the number of adventurers, 
whether within or out of the jurisdiction, so far as they can 
be ascertained by the applicant, to proceed to apportion 
the amount of debts, costs, and expenses remaining unsatis- 
fied rateably among all the adventurers or persons liable 
to contribute to the payment of the said debts, whether 
they be within the jurisdiction or elsewhere, according to 
the number of shares or the interest of each in the said 
mine or adventure; and it shall be competent for the Registrar 
to call for, and by summons and attachment withm the 
Stannaries or subpoena under the seal of the Court to enforce, 
production before him of the cost book or books, lists of 
shareholders, accounts, bills, resolutions of the adventurers 
or committees thereof, and all other books, papers, and 
documents of the adventurers relating to the mine or the 
management thereof, and by like summons and attachment 
or subp<£na to call before him and to examine the purser, 
managers, or other principal agents of the adventurers, 
whether the several documents above mentioned or the 
persons so called before him be within the Stannaries or 
elsewhere in any part of England or Wales, and to make a 
list of all the persons so liable to contribute at the time of 
filing the petition or their personal representatives, with the 
amount apportioned upon each ; and when the Registrar 
shall have made such list and apportionment, a copy of the 
list shall be sent to the account house of the mine, or the 
principal office or place of business of the adventurers, and 
notice shall be served on each person named in the list of 
the sum charged upon him, and a reasonable time, to be 
fixed by the Registrar according to the circumstances of 
each case, shall be allowed to him to dispute the apportion- 
ment before the Registrar, who shall hear and determine all 
objections thereto ; and when the list shall have been finally 
settled by the Registrar he shall report thereon generally 
to the Vice Warden, and if the report shall be confirmed 
upon exception or otherwise there shall be a decree for pay- 
ment in conformity with the said report, and the several 
sums so apportioned and charged upon each contributory 
shall in and by the said decree be made payable to the 



26-4 Appendix of Statutes, 

Registrar, who shall forthwith demand payment thereof, and 
thereupon it shall be lawful for the said plaintiff or creditor, 
at whose instance the apportionment shall have been made 
and decree obtained, after such demand and a refusal of 
payment, to proceed to levy from each contriljutory in the 
said list the sum therein charged upon him in the manner 
hereinafter provided for enforcing decrees and orders on 
the equity side of the said Court, and for this purpose the 
said plaintiff or creditor Khali be deemed to be a party 
entitled to the benefit of the said decree within the intent 
and meaning of the said provision, and the sums received 
or levied shall be forthwith paid over by him to the Registrar, 
who shall deduct therefrom and allow to the party who 
shall have so received or levied the same his reasonable 
costs and expenses in and about the said apportionment 
and obtaining the said decree and levying tne monies so 
payable under it, and shall distribute the residue rateably 
among the several creditors in the proportion of the debts 
remaining due to them respectively : Provided always, that 
all notices and demands required by this Act to be served 
on or made upon adventurers and other persons named in 
the Registrar's list as contributories shall be deemed to be 
sufficiently served if sent by post prepaid, addressed to the 
party at his last known address ; unless the Registrar shall 
order that the same shall be served in some other way, in 
which case service shall not be sufiicient unless it be in 
conformity with such order. 

VI. In suits on the equity side of the said Court for an 
account as between adventurers in mines in the Stannaries, 
it shall be lawful for the Court, upon special application in 
that behalf, to order that service of process in any part of 
England and Wales to compel appearance and answer shall 
be good service on any adventurers or their personal repre- 
sentatives, or others who may be necessary parties to such 
suit, although they may not then be personally within the 
jurisdiction of the said Court ; and upon proof of such 
service, and of the default of any person so served to appear 
and answer the petition within tlie time prefixed by the 
summons, it shall be lawful for the plaiiitift'or plaintiffs to 
enter appearances for the persons so served, and thereupon 
such proceedings shall be had in the suit, and such orders 
or decrees made, as if the process had been duly served 
within the jurisdiction of tne Court, and the orders and 
decrees so made shall be binding on all adventurers and 
others so served ; and if the final decree shall be for pay- 



Statute 18 Sf 19 Vict, c. 32. 265 

ment of money or costs, payment thereof shall be enforced 
in the manner hereinafter provided ; and after appearance 
so entered all notices, orders, summonses, warrants, and 
other process in the suit shall be deemed to be well served 
if served in any part of England or Wales ; and in all such 
suits where any adventurer holding a share in a mine or 
adventure cannot be found, or is deceased and no one can 
be found who has administered to his estate and effects, then 
it shall be sufficient hj leave of the Court to substitute for 
regular service a service on the mine in the usual way, or at 
the principal office or house of business of the adventurers, 
whether within the Stannaries or elsewhere in England 
or Wales, and notice of such substituted service shall be 
addressed by post to the last known address of the said 
adventurer (except in case of his decease) and thereupon 
decrees or orders of the Court in the suit shall be binding 
on such adventurer or his representatives, and those claim- 
ing under him, as in case of regular service. 

Vll. In suits commenced on the equity side of the said 
Court for causes relating to mines and minerals in the Stan- 
naries, or to shares, interests, or adventures therein, whereof 
the said Court has cognizance, in which it may be necessary 
or expedient to sue or to join as defendant a person holding 
or claiming to hold any share or interest in an adventure in 
mines or minerals worked within the Stannaries, or being 
an agent of the said adventurers, who cannot be found 
within the jurisdiction of the said Court ; and in all cases 
where any person who shall have commenced any suit or 
entered an appearance in any suit in the said Court, or shall 
have come in as creditor, claimant, or purchaser, or otherwise 
submitted to the jurisdiction thereof, cannot, by reason of 
his person or goods being out of the said jurisdiction, be 
made amenable to the process of the Court ; and in all cases 
where any party to such suit shall have died or become 
bankrupt or insolvent, and his personal representatives or 
assignees, or any of them, who may be necessary parties to 
the continuance of the suit, shall be out of the said juris- 
diction, it shall be lawful for the Court, upon special appli- 
cation in that behalf, to order that service of any notice, 
order, summons, warrant, or other process shall be deemed 
good service on any such person, representative, or assignee 
respectively in any part of England or Wales, and, if need 
be, to order an appearance to be entered for the person 
served ; and thereupon it shall be lawful to take sucn pro- 
codings and to make such order or decree as if the service 
had been made within the said jurisdiction. 



2G6 Appendix of Statutes. 

VIII. Where service of notices, orders, snminoiueflb 
warrants, or other process in causes pending in the Vice 
Warden's Court may, under this act or otherwiBe, lawfklly 
be made in a place out of the jurisdiction of the said Coartr 
it shall be lawful for the said Court, or for parties to 
suits therein, to send the same to the high bailiff of the 
County Court in the district of which such place maj be, 
together with the lawful fees pnyable in like cases for senrioe 
of similar process in the County Court, and thereapcm the 
hin:h bailiff shall serve or cause to be served the same, tt^. 
it had been issued out of a County Ceurt, and such service 
shall or may be proved as in case of County Court process. 

With respect to the execution of judgments and decreei 
of the Court of the Vice Warden, be it enacted as follows : 

IX. In actions commenced therein on the common law 
side of the Court, where judgment shall have been duly 
recovered in a cause whereof the said Court has cogni^ 
zance, but which cannot be conveniently or efiectually 
enforced by the ordinary process of that Court within the 
jurisdiction thereof, it shall be lawful for any one of the 
Superior Courts of common law at Westminster, or for anj 
judge thereof, upon application of the party entitled to the 
benefit of such judgment, and production of a certificate 
from the Registrar of the Court of the Vice Warden under 
the seal of the Court of the judgment so recovered, and a 
satisfactory affidavit of the ground of the application, to. 
cause process to issue and proceedings to be taken for the 
recovery of the amount due on the judgment, including the 
costs of the certificate and of the application, in the same 
manner as upon a like judgment recovered in an action 
commenced in the superior Court ; and it shall not be ne- 
cessary for this purpose, or for any other purpose, that the 
record of any judgment in the Vice Warden s Court shall 
be engrossed on parchment or enrolled ; and where the debt 
or damages recovered by judgment of the Court of the Vice 
Warden, or sought to be recovered in actions commenced 
either by writ, plaint, or other legal procedure, according to 
the practice of the said Court, shall not exceed fifty pounds, 
and the judgment of the Court cannot be conveniently or 
effectually enforced within the jurisdiction of the said Courts 
it shall be lawful for the party entitled to the benefit of the 
judgment to sue out a writ of execution, and to send the 
same to the clerk of any County Court within the district of 
which the judgment debtor or his goods and chattels shall 
then be or be believed to be, with a warrant thereto annexed. 



Statute 18 Sf 19 Vict. c. 32. 267 

under the hand of the Registrar and seal of the Court of 
the Vice Warden, requiring execution of the same, and 
with the fees ^wfully payable in like cases for execution of 
such a writ in the dounty Court ; and thereupon the said 
clerk shall cause the same to be executed by the high bailiff 
of the County Court in due course of law, as if the same had 
been issued by the Court of which he is high bailiff (a), and 
the said bailiff shall have the same powers and protection as 
if he were executing the process of such County Court, and 
shall make his return to the clerk of the said Court, and 
pay over to him the amount levied, if any ; and the clerk 
shall forthwith certify the said return, and remit the amount 
so paid, less the costs of making such levy according to the 
practice of the County Courts, to the party prosecuting the 
writ; and the judge of the said County Court shall have 
and exercise the same power and authority over the clerk 
and high bailiff, and shall have power to adjudicate upon 
summons of interpleader in case of adverse claims to goods 
taken in execution, as if the execution had been under 
the warrant of his own Court. 

X. All decrees and orders made in causes on the equity 
side of the Court of the Vice Warden, whereof the said 
Court has cognizance, for payment of any sum or sums of 
money, costs, charges, or expenses, shall and may be 
enforced by a writ or writs of fieri facias or capias (6), 
within the limits of the jurisdiction of the said Court, which 
writs shall be in the form, as near as may be, of the like 
writs issued to enforce decrees or orders for payment of 
money made by the High Court of Chancery, and be 
executed in like manner by the bailiffs of the Vice Warden's 
Court ; and where any decrees or orders, whether for 
payment of money or otherwise, cannot be conveniently or 
effectually enforced by the ordinary process of the Court of 



(a) See 9 & 10 Vict. c. 95., sects. 94, 95, 96, 97, 104, 106, 
107, 109, and 13 & u'VicU c. 61 . s. 20, 21. See also County Court 
Rules, 23, 24, 1 19 to 124. The fees and costs of execution, will be 
found in the Table of Fees, authorized by order of the Secretary of 
State, 15th November, 1850, and in sect. 106 of the Act 9 & 10 
Vict. c. 95. 

(h) The words ** or capias" were apparently inserted under the 
erroneous impression that such a writ is issued out of the Court of 
Chancery. 

N 2 



268 Appendix of Statutes. 

the Vice Warden within the jurisdiction thereof^ it shall be 
lawful for the High Court of Chancery, or for any judge 
thereof, sitting: in Court or at Chambers, upon |he applicatioo 
of a party entitled to the benefit of such decree or «»rder, 
and production of a certificate from the R^istrar cyf the 
Court of the Vice Warden under the seal of the Court of 
the said decree or order, or of such part thereof as cannot 
be 80 enforced as aforesaid, and a satisfactory affidavit of 
the ground of the application, to make the said decree or 
order, or so much thereof as cannot be enforced, a decree or 
order of the High Court of Chancery ; and thereupon such 
decree or order, or such part thereof as aforesaid, shall and 
may be enforced by such proceedings and writs as would or 
might have been taken or issued if the same had been 
originally made by the High Court of Chancery, and all the 
reasonable costs of and consequent upon such certificate 
and application shall and may oe recovered as if the same 
had been and were part of such decree or order ; and where 
the said decree or order of the Vice Warden is for payment 
of a sum or sums of money not exceeding in the whole the 
sum of fifty pounds, it shall be lawful for the party entitled 
to the benefit of the said decree or order to enibrce payment 
thereof in the manner hereinbefore provided in the case of 
a judgment on the common law side of the Court for reco- 
very of a debt or damages not exceeding the «aid sum of 
fifty pounds : Provided that nothing in this act contained 
shall affect or prejudice the power of the Vice Warden to 
enforce decrees or orders by process of attachment withm 
the jurisdiction of his Court where the same may be now 
lawfully exercised, or to order the sale of shares or interests 
in mines or adventures in cases wherein such sale may now 
be made by order of the said Court. 

XI. When any claim is made to or in respect of any eoods 
and chattels, or the proceeds or value thereof, sold or 
intended to be sold under a customary decree of sale in a 
mining creditor's suit by any landlord for rent or other 
distramable demand, or by any other person not being a 
party to the suit, it shall be lawful for the Vice Warden to 
call upon the claimant by rule or order of the Court to 
appear in person or by his attorney or agent in support of 
t£e same either before the Vice Warden himself or before 
the Registrar, and to state the nature and particulars of his 
claim, who shall thereupon hear the allegations and receiye 
the proofs offered as well by the claimant as by the plaintiff 
in the suit, and, if the claimant and plaintiff shall agree on 



^aiute 18 Sf 19 Vict, c, 32. 269 

the facts of the case, shall then adjudicate upon the claim ; 
and if the said parties shall not so agree, then the disputed 
facts shall be ascertained by an action or issue to be tried 
in the Vice Warden's Court, in such form as the Vice 
Warden shall direct, and the Vice Warden shall then 
adjudicate upon the claim ; or the Vice Warden or Registrar 
shall have power, with the consent of the parties so before 
him, their counsel, attornies, or agents, to adjudicate upon 
and dispose of the claim in a summary manner : Provided 
that in all cases, except in case of summary adjudication by 
consent, it shall be competent for the Registrar, at the 
request of the said parties, or either of them, to refer the 
decision of the case to the Vice Warden ; and the Vice 
Warden shall in all cases of such interpleader make such 
other rules and orders in the matter of the said claim or 
adjudication as between the said parties in respect thereof, 
or of the costs of the proceedings, as to him shall seem fit 
and reasonable. 

XII. The adjudication of such claim, either upon hearing 
or in default of the appearance of the claimant, shall be final 
and conclusive between the said parties and all persons 
claiming by, from, or under them ; and the adjudication, 
and all rules and orders made thereupon, shall have the 
force and effect of judgments or decrees of the Court, 
and be enforced accordingly. 

XIU. In cases of interpleader either on the common law 
or equity side of the Court, upon application by the Regis- 
trar, bailiff, or other officer of the Court, or of the plaintiff 
in the original suit, and certificate by the Registrar of the 
proceedings in the Court of the Vice Warden, and proof of 
the service on such claimant of the rule or order calling 
upon him to appear in support of his claim, any action that 
shall have been or shall be brought in any superior or 
inferior Court in respect of such claim against any officer of 
the Court or person actins under his direction, or against 
the plaintiff in the origin^ suit, may be stayed by the said 
Court (a), or any judge thereof, who shall have power to 
make such rules and orders touching the costs of tne action 
80 stayed as shall seem fit and reasonable. 

XIV. Provided that nothing herein contained shall 
authorize the Vice Warden or Registrar to adjudicate upon 



(a) The *' superior ur inferior Court" in which the action is 
brought. 



270 Appendix of Statutes, 

any claim, either on the common law or eqaitj side Qi£^ 
Court, touching the freehold or inheritance of anj perMD, 
except by consent of the parties before the Court, and as 
between and against themseWes and those claiming under 
them. 

XV. It shall be lawful for the Vice Warden to entertain 
jurisdiction in suits for recovery of the possession of mines 
within the Stannaries, and of buildings, machinery, works, 
and waters annexed thereto and occupied therewith, on the 
ground of breach of condition, determination of the sett or 
lease, or other lawful or customary cause of forfeitore, and 
also to prohibit the working of an^ mine in a manner 
contrary to custom or covenant by injunction in cases and 
under circumstances in which the High Court of Chancery 
or the Courts of common law (a) at Westminster may now 
by law enjoin ; and the suit for recovery of possession shall 
be by action of ejectment on the common law side of the 
Court, according to the forms and procedure established by 
the Common Law Procedure Act, 1852, so far as they are 
or can be made applicable to the Vice Warden's Court ; 
and it shall be lawful for the Vice Warden to cause all 
necessary writs to be served on the persons in possession or 
entitled to defend, wheresoever they may then be in England 
or Wales, and to adopt any of the general rules and orders 
of the said superior Courts promulgated from time to time 
and applicable to the action of ejectment with sucb varia- 
tions as the nature and constitution of the Court shall 
render necessary; and all constables and peace oflScers 
within their several jurisdictions shall be aiding the bailifis 
of the Court in the execution of the writ or writs awarded 
for recovery of the possession and costs, and in enforcing 
process of attachment in the case of breach of injunction ; 
provided that nothing herein contained shall authorize the 
Vice Warden to entertain any question touching the free- 
hold or inheritance of any person except by such consent 
and as between and against such parties as aforesaid. 

XVI. Whereas actions for debts not exceeding fifty 
pounds are now prosecuted summarily, and tried by five 
jurors only on the common law side of the said Court, and 
it is expedient that the like process and trial be extended 
to other actions, whether for debt or damages : Be it there- 
fore enacted, That all or any actions for debts or damages 



(a) See CommoD Law Procedure Act, 1854, sect. 79, et seq. 



Statute 18 Sf 19 Vict, c. 32. 271 

not exceeding fifty pounds, whether founded on tort or 
contract, for causes within the jurisdiction and cognizance 
of the said Court, shall be prosecuted in a summary way by 
plaint, and tried by a jury of five jurors, as is now used in 
actions for small debts in the said Court, except in cases 
where the Vice Warden shall permit or direct such action 
to be by writ of summons ; and for the purpose of improv- 
ing the procedure in such actions by plaint, it shall be lawful 
for the Vice Warden to make and enforce rules and forms 
for procedure, practice, pleading, and taxation of costs, and 
to aidopt all or any of the rules and forms now or hereafter 
legally in force and use in the County Courts, with such 
alterations as may be necessary to adapt them to the juris- 
diction of the Vice Warden's Court. 

Xyn. Where any cause touching the usage or customs 
of mining or of miners, or the principles and incidents of 
cost book partnership or of cost book mines, or the privi- 
leges and franchises of tinners or miners, or the eifect and 
operation of setts or licenses to mine or contracts for the 
sale or transfer of shares in mines, or the custom of tin 
bounds or the nature and incidents thereof, shall be pending 
before one of the judges of the County Courts within the 
Stannaries, the said judge shall, at the request of either 
party, have power to remit the said cause for trial or hear- 
ing before the Court of the Vice Warden, who shall there- 
upon have all the same powers and jurisdiction with respect 
to the cause as if it had been commenced by plaint in the 
Court of the Vice Warden, subject to the likie appeal as in 
other causes so commenced. 

XVm. Demurrers for matter of form only shall not be 
permitted in the Court of the Vice Warden, and on the 
equity side of the said Court no demurrers or pleas shall be 
permitted except demurrers (a) for that the suit or subject 
thereof is not within the cognizance or jurisdiction of the 
said Court ; and if the objection of want of jurisdiction 
shall not be raised by demurrer or plea within ten days after 
appearance in a suit on the equity side, or within ten days 
after notice of declaration (li) or service of a copy of plaint 

(a) The words "or pleas" have evidently slipped out of the 
printed act here. The rest of the context shews this. 

(6) The new writ of ejectment is prosecuted to trial without any 
declaration ; but it is apprehended that as the old proceeding by 
service of a declaration was held to be in the nature and place of a 



*J72 Appendix of Statutes. 

un tlie common law side, no question as to the jarisdictiDi 
of the Court shall thereafter be raised, except in csmi 
whore the want of juriiuliction will disable the Court fimD 
doing full and substantial justice between the parties to the 
8uit ; and the mode of fding or serving demiirrers or pies* 
to the jurisdiction shall be rcgtdated by general roles md 
orders made as hereinafter pnivided, and so much of seotios 
thirteen of the act y)as8ed in the session of Parliament 
holden in the sixth and seventh years of the reign of Willim 
the Fourth, chapter one hundred and six, as relates to 
picas and doiiiurrers to the jurisdiction, and so much of the 
act passed in the sixteenth year of the reign of Charles 
the First, chapter fifteen (a), as relates to the form and 
manner of objecting to the jurisdiction of the Stannary 
Courts, or is at variance with this act, shall be and is hereby 
repealed, except as to suits commenced before the passing 
of this act. 

XIX. The Registrar of the Court of the Vice Warden 
shall have power at all times before hearing or trial, either 
on the common law or equity side of the said Court, to 
make orders for amending tne proceedings or pleadings 
upon terms or unconditionally, to near and determine appli- 
cations for further time, objections for defect of form, or on 
the ground of uncertainty, obscurity, prolixity, or multifa- 
riousness, and to make rules and orders in idl such other 
interlocutory matters as shall be submitted or referred to 
him by consent of parties, or which he may be directed or 
empowered to hear and determine or deal with, by any 
general rules or orders made under the authority of this 
act ; and the said several matters shall be heard and deter- 
mined ore fenus in a summary way, subject howeyer to 
appeal by motion to the Vice Warden, either ore terms or on 
a written statement agreed upon by the parties or drawn 
up by the Registrar and submitted to the Vice Warden. 

XX. The vice Warden shall have power, with the con- 



writ, so the new writ may be regarded, for the purpose of pleading 
to the jurisdiction, as a declaration, inasmuch as it gives to the 
defendant all the information necessary to enable him to ascertaia 
whether the cause is within the jurisdiction. 

(a) This act, though it wholly relates to the Stannary jurisdiction, 
is no longer of any practical value, and is therefore not included m 
this collection. 



Statute 18 Sf 19 Vict, c, 32. 273 

sent of the parties to any suit, their counsel, attomies, or 
solicitors at law or in equity, to order the same, with or 
without other matters in dispute, to be referred to arbitra- 
tion, or to act as such arbitrator himself, at the request of 
the said parties, in such manner and on such terms and 
conditions as he shall think fit, with all the usual powers 
of arbitrators, under references by order of the superior 
Courts ; and such reference shall not be revocable by either 
party except by consent of the Court ; and the Vice Warden 
shall have power to set aside the award for cause shown, or 
to refer the case back again to the arbitrator, and the final 
award made in pursuance of such reference shall, on the 
motion of either party, be entered as the decree or order 
of the Court, or judgment shall be entered in pursuance of 
such award, as the case may be ; and the decree, order, or 
judgment so entered shall thereupon be enforced as if the 
same had been made or entered in the ordinary course of 
procedure at law or in equity, as the case may be. 

XXI. It shall be lawful for the Vice Warden, at the 
request of one or some of the parties to a suit, and subject 
to such terms as to costs or otherwise as he may think fit 
and reasonable, to adjourn or hold his Court to or at any 
place within the Stannaries for the purpose of hearing wit- 
nesses or taking evidence ; and in such cases it shall not be 
necessary for the Registrar or secretary of the Vice Warden 
or prothonotary of the Court to be in attendance at the 
sittmgs of the Vice Warden at such place. 

XXIL In all cases of mines in the Stannaries worked by 
partnerships or companies of adventurers professing to adopt 
or to \)e constituted on the cost book system or principle, 
it shall be lawful for the Vice Warden, upon application of 
any adventurer or shareholder in the mine or creditor of 
the adventurers, founded on sufficient grounds verified by 
affidavit, although no suit be pending touching the said mine 
or adventurers, to compel production by rule or order of a 
list or lists of all adventurers or shareholders for the time 
being by the purser or other principal agent or manager, 
clerk, or secretary of the mine, and whether such person be 
then within the jurisdiction of the Court or elsewhere, for 
inspection of the applicant ; and if such list shall not be 
produced, showing truly the name, address, and number of 
shares of each and every adventurer or shareholder, and 
the time when each became an adventurer or shareholder, 
so far as the same are known or can be ascertained, then it 
shall be lawful for the Vice Warden at his discretion, after 
N 3 



274 Appendix of Statutes. 

fourteen days preyious notice of his intention serred on tlie 

Eirson so ordered to produce, and also affixed to the Account 
ouse of the mine, or left at the principal office or house of 
business of the adventurers within the Stannaries or dee- 
where, to declare that the partnership or company is not 
carried on or constituted on the cost book system or prin- 
ciple ; and the said partnership or company shall thereapon 
no longer be deemed or taken to be for any purpose a part* 
nership, association, or company within the exemption of 
mining partnerships contained in the Act passed in the 
present reign, entitled An Act for the Registration^ IneoT" 
poration, and JReguIation of Joint Stock Companies^ or within 
the conditional exemption contained in the Joint Stock 
Companies Winding-up Amendment Act, 1849 (a) ; and in 
all cases of like mines and partnerships, it shall be lawful for 
the Vice Warden, upon application of any adventurer or 
shareholder founded on sufficient grounds and affidavit, 
and although no suit be then pending, to make a rule or 
order for production of the cost books of the mine, list of 
adventurers, and such other books and documents relating 
to the mine and management thereof as the Vice Warden 
shall think proper, for inspection of such applicant, and to 
enforce such rule or order by attachment within the Stan- 
naries, or by causing the same to be made a rule or order 
of one of the superior Courts at Westminster under the 
statute (^ in such case made and provided. 

XXnL Whereas the power of the Vice Warden to make 
general rules or orders of Court is insufficient, and it is 
doubtful whether it extends to the adoption of imjirove- 
ments in the procedure of the superior Courts recently 
made by Parliament, or of rules and orders made from time 
to time by the superior Courts by the authority of Parlia- 
ment : Be it therefore enacted, That it shall be lawful fbr 
the Vice Warden to make from time to time new rules and 
orders touching the procedure, practice, pleadings, regu- 
lation of Court fees, and taxation of costs, both on the 
common law and equity side of the said Court, and all other 
business of the said Court, and to prescribe forms for car- 
rying into efiect such new rules and orders, and also existing 
rules and orders not varied or repealed, and also to adopt 
all or any of the provisions contained in the Act passed in 

(a) These Acts are shortly cited, so far aa relates to Cost-book 
mines, antet pp. 253, 258. 

(//) That is, 6 & 7 Wm. 4. c. 106., sect. 12, ante. 



Statute 18 Sf 19 Vict. c. 82. 276 

the session of FarKament holden in the fifteenth and six- 
teenth years of the reign of her present Majesty, chapter 
eighty-six, and in the Common Law Procedure Act, 1852, 
and m the Common Law Procedure Act, 1854, and all or 
any of the rules and orders from time to time made and 
promulgated by the superior Courts by and under the 
authority of the said Acts or otherwise, with such modifica- 
tions as may be necessary to adapt them to the jurisdiction 
of the Vice Warden's Court ; provided that no such rules, 
orders, forms, or provisions shall be made, prescribed, or 
adopted without the consent and approval of one of the judges 
of the superior Courts of common law at Westminster in 
the case of rules, forms, and provisions applicable to the 
common law side of the said Court, or of the Lord Chan- 
cellor or one of the judges of the Hi^h Court of Chancery 
in the case of orders, forms, and provisions applicable to the 
equity side of the said Court ; provided also, that nothing 
herein contained shall be construed to abridge or restrain 
any existing power of the Vice Warden to make rules or 
orders in cases not requiring the consent or approval of any 
judge of the superior Courts (a). 

A.XIV. When the Vice Warden shall be prevented by 
illness or accident from attending and sitting on the day 
appointed for such sitting, it shaU not be necessary to send 
any statement to the Lord Warden of the cause of his non- 
attendance or of the adjournment of the Court, unless the 
Vice Warden shall be, or it shall appear to him probable 
that he will be, thereby prevented from sitting within the 
period required by law ; and if, for the reason aforesaid, it 
shall be necessary to appoint a deputy, it shall be lawful for 
the Vice Warden to appoint such deputy, qualified as now 
required by law, for tne then next sittings only, provided 
the cause aJleged in such statement be allowed by the Lord 
Warden to be sufficient and the person so named as deputy 
be approved by him ; and whenever it may be desirable to 
alter the time fixed for holding the Court, it shall be lawful 
for the Vice Warden to accelerate or postpone the holding 
thereof, provided that such alteration be duly notified and 
published in the usual .way, and the holding be not post- 
poned beyond the third calendar month next after the calen- 
dar mon& in which the last preceding sittings were held. 



(a) See note to sect. 5 of Act 2 & 3 Vict. c. 58., p. 234, and 
note (6), p. 216. 



276 Ap^pendix of Statutes, 

and no irregularity in the time of holding any Conrt or 
sitting shall vitiate or avoid the proceedings at such Court 
or sitting (a). 

XXV. And because doubts may arise as to the allowance 
of certain disbursements and payment of arrears of salaries 
on the auditing of the Registrar's accounts, be it enacted, 
That upon such audit there shall be allowed annually, in 
respect of the expenses of advertising and holding Courts in 
Cornwall, summoning jurors, enforcing payment of assess- 
ments, lighting, warming, cleaning, watching, and keeping 
the Court and offices there, providing furniture, books, 
stationery, and printing, and such additional accommodation 
or occasional assistance in the office as the Vice Warden 
shall consider reasonable or necessary (6), a sum not ex- 
ceeding the sum of one hundred and twenty pounds ; pro- 
vided that if hereafter the expenses of the sittings and 
Court shall become larger by reason of increased business, 
more frequent sittings, or other causes, it shall be compe- 
tent for the council of the Prince of Wales, or special com- 
missioners for managing the affairs of the duchy for the 
time being, to authorize a larger allowance, not exceeding 
in the whole two third parts of the fees of Court that shi£ 
come into the hands of the Registrar during each year : and 
whereas it has happened, and may again happen, that the 
monies arising from fees and assessments, and available for 
the payment of the official salaries charged on them, hane 
been or may be insufficient to pay the current salaries when 
the same become due : therefore when the Registrar shall 
account to the Vice Warden for such monies, there shall 
be allowed to him thereout not only the portion of salaries 
due in respect of the half year then last past, but also all 
or any arrears of salaries remaining unpaid on preceding 
accounts. 

XXVI. The provisions contained in the Act passed in the 
session of Parliament holden in the sixth and seventh years 
of the reign of King William the Fourth, chapter one 
hundred and six, and in the Act passed in the session of 
Parliament holden in the second and third years of the 
reign of her present Majesty, chapter fifty-eight, touching 
appeals to the Lord Warden, shall be repealed, and hence- 
forth from all decrees and orders of the Vice Warden on 



(a) See sect. 7 of 2 & 3 Vict c. 58., p. 235. 

(6) See ante, sect. 27 of 6 & 7 Wm. 4. c. 106., p. 221. 



Statute 18 Sf 19 Tict, c. 32. 277 

the equity side of his Court, and from all judgments of the 
Vice Warden on the common law side thereof, there shall 
lie an appeal to the Lord Warden, who shall have power to 
affirm, vary, or reverse the decree, order, or judgment 
wholly or in part, or to dismiss the appeal, or to direct a 
rehearing or a new trial in the Court below, and to make 
such order or orders touching the costs in the cause as to 
him shall seem fit, and the decree, order, or judgment of the 
Lord Warden on such appeal shall be remitted to the Vice 
Warden, to be by him carried into effect and enforced, if 
need be, according to the course and practice of the Court; 
and upon hearing such appeal it shall not be competent for 
the parties to produce fresh evidence in the cause, or to call 
upon the Lord Warden to hear any witnesses in the cause, 
unless he shall in his discretion think fit to do so ; but the 
decree, order, or judgment of the Lord Warden may pro- 
ceed on the state of facts appearing on the notes of the trial 
below certified by the Vice Warden or agreed upon by the 
parties; and the Vice Warden shall certify such notes 
accordingly, and transmit to the Lord Warden a record of 
the proceedings in his Court, and all documents and papers 
in the cause in the custody of the Court ; and the parties 
before the Lord Warden shall produce all the documents 
and papers produced on the trial below. On the hearing 
and decision of the appeal the Lord Warden shall be assisted 
by two or more assessors, who shall be members of the judi- 
cial committee of the privy council or judges of the high 
Court of Chancery or Courts of common law at Westmin- 
ster; and the decree, order, or judgment of the Lord 
Warden in the Court of appeal so constituted shall be sub- 
ject to a final appeal to the judicial committee of the privy 
council, who shall have power to hear and determine the 
same : And it shall be lawful for the Lord Warden to remit 
a cause pending before him on appeal at once for the deter- 
mination of the said judicial committee, without pronouncing 
any previous judgment thereon : Provided that no appeal shafi 
be allowed in any case where the debt or damages sought to 
be recovered shall not exceed twenty pounds and where no 
question of jurisdiction or of the custom of mining or miners 
snail have arisen in the Court below, nor shall any appeal 
operate to stay proceedings or be allowed, unless the party 
appellant shall notify in writing to the Registrar, within 
thirty days after notice of the decree, order, or judgment 
appealed against, his intention to prosecute an appeal, and 
shall then give or offer to give security by bond to the Ke* 



278 Appendix of Statutes. 

ffistrar to prosecute the same within a time prefixed bj the 
Court, and to abide by and perform the mial oider and 
award of the Court of appeal, which bond ahali not leqaiR 
to be 8tam[>ed ; and it shall be lawful for the Lord Warden, 
with the approval of two or more members of the Judidil 
committee of the privy council or judges of the hign Govt 
of Chancery or of the superior Courts of common uw, ham, 
time to time, to make any general rules and ordos fitf 
regulating the practice, fees, and costs on appeals pendiiif 
before him, not mconsistent with the provisions of tnis Act 

XXVII. The penalties incurred by the head manager of 
any mine by reason of his omission to make such retmni 
of metals and minerals, or the value thereof or sadh pay- 
ments in respect thereof as he is now required by law to 
make, sliall be assessed and imposed by the Vice Warden; 
and such penalties and all fines and penalties lawfnllj im- 
{KNted and levied by authority of the Vice Warden for any 
default or nonattendance of jurors, misdemeanor of bailin 
or other officers, contempt of Court, or other cause whatso- 
ever, shall be paid to the Registrar of the Court, and finrm 
part of the fund for payment of expenses and salaries, and 
such fines and penalties shall be levied within the Stan- 
naries by Jieri facias issued by order of the Vice Warden^ 
on complamt of the Registrar, and summons and hearing in 
a summary way ; and, if the offender be not found wiuiin 
the Stannaries, shall be levied, on like sunmions and hearing 
or default of appearance, in the manner hereinbefore pro^ 
vided for enforcmg execution of judgments on the common 
law side of the Court. 

XXVIII. And whereas by the tenth section of an Act 
passed in the Parliament holden in the second and third 
years of the reign of her present Majesty, chapter fifty- 
eight, it was enacted, that certain frauds committed by 
workmen in mines in the county of Cornwall should be 
deemed felonies, and should be punished as in cases of 
simple larceny : And whereas it is desirable that that enact* 
ment should be extended to the county of Devon : Be it 
therefore enacted, That for the prosecution and punishment 
of frauds in mines by idle and dishonest workmen removing 
or concealing ore for the purpose of obtaining more wages 
than are of right due to tibem, and thereby defrauding the 
adventurers in or proprietors of such mines, or the honest 
and industrious workmen therein, if any person or persons 
employed in or about any mine within tne county of Devon 
shflul t^e, remove, or conceal the ore of any metal, or any 



Statute 18 Sf 19 Ttct. o. 32. 279 

lapis calaminaris, manganese, mundick, or other mineral found 
or being in such mine, with intent to defraud the proprietor 
or proprietors of or adventurer or adventurers in such mine, 
or any one or more of them respectively, or any workman 
or miner employed therein, then and m every such case 
respectively such person or persons so offending shall be 
deemed and taken to be guilty of felony, and being convicted 
thereof shall be liable to be punished in the same manner as 
in the case of simple larceny. 

XXIX. The Vice Warden of the Stannaries for the time 
being, whose name shall or may be inserted in any commis- 
sion of the peace for the county of Cornwall, shall be quali- 
fied to act in the execution of the office of justice of the 
peace for the said county, although he may not have such 
qualification by estate or interests in lands, tenements, or here- 
ditaments as is now enjoined by law in the case of other like 
justices ; provided that he be not discjualified to act for any 
other cause or upon any other occasion than in respect of 
the want of such estate or interest. 

XXX. The following parts and provisions of the Act 
passed in the session of Parliament holden in the sixth and 
seventh years of the reign of King William the Fourth, 
chapter one hundred and six, shall be and the same are 
hereby repealed ; that is to say, sections five, eleven, and 
fourteen, and so much of section seven as relates .to appeals, 
and the words ''''Nm Prius^^ shall be considered as struck 
and omitted out of section eight : The following parts and 
provisions of the Act passed in the session of IParliament 
holden in the second and third years of the reign of her 
present Majesty, chapter fifty-eight, shall also be and the 
same are hereby repealed; that is to say, sections three, 
four, and nine, and the proviso in section two ; but no acts 
done or rules or orders made by authority of tlie provisions 
so repealed shall be thereby affected or made void, 

XaXL Whereas it will be convenient that the office of 
the Duchy of Cornwall should be put on the same footing as 
certain public offices in the transaction of law business : 
Be it enacted. That whenever any person shall be ap- 
pointed by his Royal Highness the Prince of Wales, or 
other the Personage for the time being entitled to the 
possessions of the duchy of Cornwall, to act as attorney or 
solicitor in the affairs of the said duchy, it shall be lawful 
for such person to act and practise as such attorney or solicitor 
in such affairs in all and every Court, jurisdiction, and place 
in any and every part t)f the United kingdom, any statute, 



280 Appendix of Statutes. 

order, rule, usage, or custom relating to attornies or solici- 
tors, or the admission, inrolment, or practice of attomiee or 
solicitors, to the contrary notwithstanding. 

XXXII. And whereas it has been represented that the 
adventurers, miners, and others interested in mines in 
the county of Devon would be benefited by the eztensiaii 
of the Stannary Court jurisdiction into that county, and are 
willing to be contributory to the expenses of such extension, 
in the manner hereinafter provided : Be it therefore enacted 
as follows: — The jurisdiction of the Court of the Vies 
Warden shall henceforth be extended and exercised over 
the county of Devon, and over the mines and miners therein, 
and the process of the said Court, both at common law and 
in equity, shall run in and be executory throughout the 
counties of Devon and Ccmwall, and the forms and customs 
of procedure as now lawfully used and exercised in the 
Stannaries of Cornwall (subject nevertheless to such amend- 
ments or provisions as are contained in or may be authorized 
by this Act, and to all other lawful rules and orders of the 
Court,) shall henceforth be adopted, used, and enforced in 
and throughout the Stannaries and county of Devon, and 
the Stannaries of the said two counties shall be and become, 
for the purposes of Stannary jurisdiction, one entire dis- 
trict, and the present and all future Vice Wardens of the 
Stannaries shall be Vice Wardens of the Stannaries of and 
for both counties, and shall have therein all the like powers, 
privileges, authority, and jurisdiction over and in respect of 
mines and miners, and causes touching the same, in Devon 
as in Cornwall, and all miners and others interested in 
mines in Devon shall have the privilege to sue and be sued 
at law and in equity in the Court of the Vice Warden, and 
be amenable to the said Court and Vice Warden, as well by 
reason of the person as of the cause, in like cases and for 
like causes in and for which the miners and others in- 
terested in mines in Cornwall now have such privilege or 
are amenable to the said Court and Vice Warden : Pro- 
vided always, that the common law jurisdiction of the Vice 
Warden in respect of causes of action arising in Devon 
shall not extend to or be exercised in the county of Devon 
or to or over miners therein, except in causes and in respect 
of matters relating to mines or the products thereof or work 
(works f) connected therewith, or to the working or 
management thereof, or the supply of materials, money, or 
necessaries, or performance of work and labour to, for, or in 
respect of such mines or works, or relating to the customs 



Statute 18 Sf 19 Vict, c. 32. 281 

of mining or miners, or to shares or interests in any mine 
or adventure in mines («). 

XXXIII. And whereas it will be convenient that provi- 
sion should be made for periodical sittings of the Court in 
Devonshire as well as in Cornwall : Be it enacted, That if 
and when it shall appear to the council of his Royal High- 
ness the Prince of Wales, or the special commissioners for 
managing the affairs of the duchy for the time being, that 
the revenue annually arising from the assessment herein- 
after authorized on mines in Devonshire will amount to the 
sum of three hundred and twenty pounds at the least, over 
and above the expense of collection, the said council or com- 
missioners shall nave power to direct that sittings be held 
by the Vice Warden in Devonshire, and thereupon the Vice 
"Warden shall so sit, either by adjournment from Truro or 
otherwise, at least four times m each year, as he has hereto- 
fore been- accustomed to do in Cornwall, and he shall hold 
his sittings either at Plymouth, Devonport, or Stonehouse, 
in the said county, as to him shall seem fit, subject to the 
power of adjournment in certain cases, as hereinbefore pro- 
vided ; and for that purpose shall have authority to use and 
occupy the public halls of the said boroughs, or some other 
convenient building provided for such sittmgs, at such con- 
venient times and in such way as may not interfere with 
other necessary public business usually transacted therein ; 
and in that event the said council or commissioners shall 
direct in what manner, and on what conditions, terms, and 
tenure, monies arising from such assessment, or any part 
thereof, shall be appropriated, either among the present 
officers of the Court and their successors, or to the deputies 
who (with the assent and approval of the Vice Warden) 
may be employed by such officers to execute their duties or 
any part of their duties, when the Court shall be sitting in 
Devonshire, or to new or additional officers and clerks, or 
towards the general expenses of the Court, so as best to 
secure the due performance of the additional duties and 
increased business occasioned by the extension of the juris- 
diction, and to indemnify the present officers of the Court 
for any expenses to which they may be put by attendance 
elsewhere than at Truro; and payment shall be made accord- 

(a) This proviso, being a statutable exclusion of all causes at 
commoD law from the cognizance of the Court, except those 
specified, will probably be considered to make a plea or demurrer 
to the jurisdiction unnecessary where the cause is not among the 
excepted ones. 



282 Appendix of Statutes. 

iiig to such appropriation ; and it shall be competent for the 
council or commissioners, at the recommendation of the Vice 
AVarden, to vary such appropriation, havin^^ due regard to 
the exigencies of business in the said Court, and the amount 
of funds applicable to the expenses thereof. 

XXXI V. There shall be a collector of the assessmoits m 
the county of Devon, to be appointed by the Vice Warden,' 
with like (futies and liabilities as in Cornwall, who shall recerre 
for such collection, out of the monies so collected, an anmnl 
sum not exceeding thirty T)ounds, and shall hold hia oflke 
at will, and it shall be lawful for the Vice Warden to appoint 
the same person to be collector in both counties, and tt> 
appoint badiffs for service and execution of process through- 
out the whole district of both Stannaries. 

XXXV. All jury trials, whether in actions, suits, -or 
plaints, on the common law side of the Court, arising in the 
county of Devon, or in issues from the equity side, shall be 
by persons qualified to serve as jurors before the justices of 
assize and >lisi Trius in the said county; and for making 
out lists of such jurors, and summoning them, the Vice 
Warden shall have and execute the like powers as in Corn- 
wall ; and the persons so qualified to serve shall be liable to 
challenge, and amenable to the process of the said Court, 
and enjoy the same exemptions in respect of their attend- 
ance and service as in the Stannaries of Cornwall : Provided 
nevertheless, that until the Vice Warden shall receive the 
directions of the said council or commissioners, as above 
provided, to hold sittings in the county of Devon, it shall 
not be obligatory on him to hold any sittings there, nor shall 
it be obligatory on persons qualified to serve as jurors in the 
Vice Warden's Court in Devonshire to give their attend- 
ance as such at any Court held by him in that county 
or elsewhere, nor shall any cause arising in Devonshire, 
and pending before any County Court judge there, be 
remitted for trial or hearing before the Vice Warden, as 
hereinhciore provided; and in the meantime the said 
council or commissioners shall direct in what manner and 
in what proporticms the revenue arising from fees and 
assessments in resj)ect of causes and mines in the county of 
Devon shall be u]>))lied towards Court or office expenses, or 
payment of the present or additional official salaries. 

A.XXVI. And for the purpose of providing for the 
expenses attendant upon the extension of the jurisdiction 
of the Court into Devon, there shall be an assessment of a 
farthing in the pound on the value of all metals and mine- 



Statute 18 Sf 19 Vict. c. 32. 283 

rals in that county, as in Cornwall, and all the enactments 
contained in this and any other Act of Parliament for 
obtaining and enforcing returns, and levying and collecting 
the said assessment, in Cornwall, shall be taken to apply to 
the like assessment in Devon and the collector thereof shall 
account for all monies received by him as in Cornwall, and 
such assessment shall begin at the passing of this Act, and 
be collected for the first time at the end of three calendar 
months next after the passing of this Act ; provided, that 
whenever it shall appear to the Vice Warden, on auditing 
tike Itegistrar^s accounts, that there is a balance in hand 
su^cient to meet all authorized payments for the next half 
year, the like notice thereof and suspension of assessment 
shall take place as in the assessment in Cornwall ; and the 
Registrar of the Court shall keep a separate account of all 
fees and monies coming into his hands in respect of causes 
and matters arising in the county of Devon, and in respect 
oif the assessment of metals and minerals in that county, 
aad shall render accounts to the Vice Warden as in Corn- 
wall, and shall be allowed in his half yearly account, as well 
the additional salaries and suras lawfully chargeable thereon, 
as hereinbefore provided, as the reasonable and needful 
expenses of advertising and holding Courts and summoning 
jurors in the county of Devon (if any be held), and of 
lighting, warming, cleaning, watching, and keeping the 
Court, and an office there (if any), and other like petty 
expenses, as allowed in the county of Cornwall, and the 
amounts so audited shall be filed, and be open for inspection, 
as is now used in the said Court. 

XXXVII. Persons committed to prison by the Vice 
Warden in respect of causes or contempts in the county of 
Devon shall be committed and taken either to the county 
gaol at Exeter or the borough gaol of Plymouth or Devon- 
port, as shall appear to the Vice Warden most expedient in 
each case, and shall be received, dealt with, maintained, 
supported, and provided for as if they had been committed 
to those prisons by like process out of the superior Courts 
of law or equity at Westminster, or by any Court of civil 
jurisdiction held in or for the borough of Plymouth or 
Devonport. 

XXXVIII. Whenever it shall hereafter appear that a 
sufficient fund shall be provided in the Stannaries of Devon 
for the establishment of a permanent separate Court and a 
separate office and officers in and for a Vice Warden's 
Court in the county of Devon, it shall be lawful for her 



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